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Dallas County Probate Records
Dallas County probate records are court documents that detail how a deceased person's estate was administered and distributed. These documents include wills, lists of property and debts, court actions, and other Dallas county court records filed or submitted during the court proceedings.
People require probate records for different reasons. For instance, beneficiaries and potential heirs use them to substantiate their inheritance, while others use them to resolve contests over estates when there are disagreements about distributing property.
Dallas County's probate procedure has some distinct features. As Texas is a community property state, probate records reflect the impact of such laws on the distribution of marital property. The state also has simplified probate processes for smaller estates to ensure a smooth settlement in certain cases. Additionally, access to probate records is relatively easy, with physical and electronic access provided through the county clerk's office and local courts.
Are Probate Records Public?
Yes. Per Texas Rule of Civil Procedure 76, civil court records, such as probate records, are considered public. However, a case party can request to have certain records sealed if they demonstrate a specific and substantial interest that goes beyond the right of the public to inspect. Also, the court must determine that there is no less restrictive alternative to protect such an interest. To seal records, the party making the request must submit a written motion, provide public notice, and appear in front of a hearing in court where the judge decides if sealing is necessary.
Texas law also mandates the redaction of sensitive personal information. Consequently, social security numbers, financial account numbers, and other confidential identifiers are removed from publicly available documents to prevent identity theft and protect individual privacy.
What is Probate Court in Dallas County?
The Dallas County Probate Courts are responsible for estate administration, guardianships, mental commitments, conservatorships, and wills. They distribute assets left behind by a deceased person and handle guardianships for incapacitated individuals, conservatorships for those who cannot manage their affairs, and other ancillary concerns.
The Dallas County Probate Courts are located at these addresses:
Probate Court No. 1
Renaissance Tower
1201 Elm Street
24th Floor
Suite 2400-A
Dallas, TX 75270
Probate Court No. 2
George Allen Courts Building
600 Commerce Street
7th Floor, Suite 200
Dallas, TX 75202
Phone: (214) 653-7138
Probate Court No. 3
George Allen Court Buildings
600 Commerce Street
7th Floor, Suite 300
Dallas, TX 75202
Phone: (214) 653-6166
Probate Court Case Lookup
Dallas County probate court case records are available on the Dallas County Online Record Search website. The website allows users to search for case information by entering the case number or the parties' names.
In addition to online viewing, records are available for viewing in person at the Dallas County Clerk's Probate Division. For people who do not want to come in personally, written requests can also be sent by mail to the Dallas County Clerk's Office. When sending mail, it is advisable to include essential information like the case number or parties' names to aid the search.
How to Find Probate Records Online Free
Dallas County provides several ways to access probate records online for free. As mentioned, the Dallas County Online Record Search system allows users to find probate case data by case number or party name. While this online resource provides free basic searches, certified copies or complete case files have specific corresponding fees or require a personal trip to the Dallas County Clerk's Probate Division.
How Long Does Probate Take in Texas?
The length of probate in Texas depends on several factors, such as the complexity of the estate, beneficiary disputes, and court calendars. Simple cases can take a few months, but more complex estates can take over a year. Individuals should note that Texas law mandates that a will be probated within four years after its testator's death.
Are Wills Public Record?
Yes. In Texas, whoever possesses a testator's will is statutorily required to deliver it to the appropriate county clerk's office when the individual dies as part of the will execution process. This process is governed by Section 252.201 of the Texas Estates Code, which reads as follows: "On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the court that has jurisdiction of the testator's estate".
Once probated, the will becomes publicly available through the county clerk's office or online sources. However, the court can seal sensitive information in a will or its accompanying documents, rendering such details inaccessible to the public. Without a will being probated, the document remains confidential.
How to Find Out If Someone Has a Will
Wills of living individuals are not part of public documents in Dallas County, and even if a testator chooses to file their will with the Dallas County Probate Court for safekeeping, the document is not public until the probate process has been completed.
If a person has died, their will (if drafted) can be found with the Dallas County Probate Court. It is also possible to call the attorney who made the will or ask the named executor if a will exists and where it was kept.
Dallas County Family Court Case Search
Individuals who wish to find family court cases in Dallas County can query the Dallas County District Clerk's Office.
The Dallas County District Clerk maintains family court case records, which individuals can access through the Dallas County Online Record Search portal using search parameters such as party names, case numbers, and filing dates. Although registration is not required on the portal, only case information can be obtained. Family court documents cannot be downloaded or printed from the portal, and one must either visit the District Clerk Civil & Family Records Desk at:
George Allen Courts Building
600 Commerce Street
Basement “B” Floor West
Dallas, TX 75202
Or, contact the District Clerk's office for ordering instructions at (214) 653-6076.
Note: Some Dallas County family court records, particularly those pertaining to juveniles or delicate family matters, may be sealed or confidential. Such records are not publicly accessible via internet searches, and one may have to contact the Dallas County Clerk's Office by phone or go to the clerk's records department to obtain some documents.
