Denton County Probate Records

Denton County probate records are created during legal proceedings to determine the administration of a decedent's estate, execute a will, manage trusts, or assign guardians/conservators. The process of distributing a deceased person's assets or settling debts by a court is usually referred to as “probate”.

In Denton County, a probate process is typically required when the assets are registered solely under the decedent's name. Estates with a value above $75,000 (for an individual) or $150,000 (for a couple) and those without a designated beneficiary may also require probate. Probate in Denton does not necessarily depend on the presence or absence of a will. However, the presence or absence of a will may influence the length of probate.

Probate records are usually sought after because they provide information about a deceased’s will, assets, or liabilities. Concerned persons may also perform genealogical research and claim inheritance using information contained in Probate records and related Denton county court records. A probate court proceeding usually produces records such as wills, letters of authority, petitions, asset or liability inventories, tax filings, and trusts. Denton County Probate records are maintained by the County Clerk's Office and stored in microfilms, paper, and electronic forms.

Are Probate Records Public?

Yes. Per the Texas Public Information Act (TPIA) and Sec. 52.053(b) of the Texas Estates Code, Probate records are deemed open for public inspection and copying. As a result, documents filed, created, or submitted during a Denton County Probate Court proceeding may be requested and copied by interested members of the public.

Nonetheless, certain records and information contained in Probate records are considered exempt from public access. Records and information that may contain sensitive information and infringe privacy rights are usually redacted from public records. In addition, documents like financial statements, medical or psychological evaluation reports, and social security numbers are not publicly available.

What is the Probate Court in Denton County?

The Probate Court in Denton County hears matters of estate administration, guardianships, conservatorships, Will execution, mental health commitments, and fiduciary litigations. The probate needs of Denton County residents are managed by two Probate Courts—Probate Court 1 and Probate Court 2.

The contact information of the Probate Courts located in Denton County are listed below.

Denton County Probate Court No 1
3900 Morse Street
Suite 100
Denton, TX 76208
Phone: (940) 349-2036

Denton County Probate Court No 2
3900 Morse Street
Suite 100
Denton, TX 76208
Phone: (940) 349-2260

Probate Court Case Lookup

The Probate/Mental Health Clerk in the Denton County Clerk's Office is the custodian of Probate records generated in Denton County. Concerned persons may walk into the probate clerk's office during regular hours to review and request copies of publicly available probate records.

At the clerk's office, certified copies of records are provided at $5 per page while plain copies cost $1 for each page. The clerk's office also provides public access terminals for online access to Denton County Probate records. Interested persons may also submit duly completed request forms via mail to the clerk's office at:

Denton County Clerk Administration
1450 East McKinney Street
Denton, TX 76209
Phone: (940) 349-2012
Fax: (940) 349-2013

In addition, one may search for probate records by phoning (940) 349-2036 or (972) 434-8844 to speak with a Probate Clerk, schedule an appointment, and obtain probate records. Alternatively, Probate records are publicly available online via the Denton County “Judicial Records Search” portal. On this portal, one may search for probate records by case number, party name, attorney, or date of filing.

How to Find Probate Records Online Free

The basic means available for free online access to Probate records in Denton County is the Judicial Records Search portal. Searches conducted on this search portal are typically free of charge and require a case number or party name to begin the search. The public access terminals provided at the courthouse or clerk's office may also be utilized for free access to basic probate case information and records. Researchers are to note that while inspection of records may be free, requesting copies of the records usually attracts charges.

Besides official sources, some third-party websites may allow online access to public probate records in their custody. Basic searches may be free or low-cost while advanced and comprehensive searches require a fee. These sites are not government-affiliated and may require users to verify the information they provide with official sources.

How Long Does Probate Take in Texas

Generally, the Probate process in Texas may last between six to 12 months. Nonetheless, certain circumstances may prolong the time required for a probate process to several years. Some of the factors that typically influence the length of probate in Texas include:

• Will contests and disputes among beneficiaries
• Multiple properties and large estates
• Debts and liabilities involved
• Tax returns and filing issues
• The credibility of executors and assigned administrators
• Court schedule and backlogs
• The absence or presence of a Will, living trust, or designated beneficiary.

Are Wills Public Record?

Yes. Once a will is filed with the court to begin a probate process it becomes available for public inspection. Hence, anyone may request access to them from the County Clerk's Office. However, Wills under contest or not yet filed for probate are accessible only to the executors and other authorized entities. In addition, a court may decide to keep a Will or certain parts of it confidential and exempt from public disclosure for various legal reasons.

How to Find Out If Someone Has a Will

A Will is typically confidential and sealed until the death of the testator. Consequently, unless the testator discloses the contents of the will, it might be impossible to access them. However, once a testator dies and the will is deposited with a probate court it becomes publicly available. Interested persons may query the probate court for access to a decedent's will once it becomes publicly available. If the deceased's executor or attorney is known, one may query them for information about a Will.

Denton County Family Court Case Search

The district/family courts in Denton County (16th,158th, 211th, 362nd, 367th, 393rd, 431st, 442nd, 462nd, 467th, 477th, and 481st) have jurisdiction over family law cases such as divorce, child/spousal support and legal custody. To search for Family Court Case records in Denton County, interested persons may submit filled request forms containing a case number, party name, or filing date to the district clerk's office in person, via mail or email to:

1450 East McKinney Street
3rd Floor
Denton, TX 76209
Phone: (940) 349-2200

While most family court case records are available for public inspection, certain case information, such as those concerning minors, domestic/sexual assault, or those with sensitive data, are usually redacted from public access.