Probate and Recording Deeds in Tarrant County (Fort Worth), Texas
Where to file a will or open probate, and where to record a deed, in Tarrant County (Fort Worth) — with the state rules that apply.
Probate court
Tarrant County Probate Courts (County Clerk - Probate Courts)
Recording deeds
Tarrant County Clerk - Real Estate Records
Texas rules that apply
| Small estate affidavit | Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records. The $75,000 limit has applied since January 1, 2014; it was not changed in the 2025 legislative sessions. |
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| Probate steps | File an application to probate the will (generally within four years of death) or for letters of administration in the court with probate jurisdiction; the court admits the will and issues letters; within one month after letters, publish notice to creditors (and send it to the Comptroller if the decedent owed state-administered taxes) and, within two months, notify secured creditors; file a verified inventory, appraisement and list of claims before the 91st day after qualifying (an independent executor may file an affidavit in lieu of inventory in some cases); pay claims and distribute; close the estate. Four-year rule: https://tcss.legis.texas.gov/resources/ES/htm/ES.256.htm ; creditor notices: https://tcss.legis.texas.gov/resources/ES/htm/ES.308.htm |
| Signing and recording a deed | To be recorded, a deed must be signed and acknowledged or sworn to by the grantor before an officer authorized to take acknowledgments (such as a notary), or signed and acknowledged in the presence of two or more credible subscribing witnesses. A person presenting the deed in person for recording must show photo identification to the county clerk. Deeds are recorded with the county clerk where the property is located. Section 12.001 was most recently amended effective December 4, 2025. Source: Tex. Property Code § 12.001 |
| Transfer-on-death deed | Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.