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Smith County Probate Guide

Smith County · Updated January 2026

(903) 590-4670County Clerk
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Filing & Fees

Complete Fee Schedule

Source ↗

Probate Filing Fees

Specific fee amounts are not available for this county. Contact Probate Division at (903) 590-4677 or (903) 590-4678 for current probate filing fee schedule. Will safekeeping fee is $11.

Document Fees

Certified Copy (per page)
$1
Payment Methods: Credit/debit cards, Cash, Cashier's checks, Personal checks (with proper I.D.), Money orders

Contact Probate Division at (903) 590-4677 or (903) 590-4678 for current probate filing fee schedule. Will safekeeping fee is $11.

Required Documents

  • Certified Death Certificate

    Order 10-15 certified copies from Texas DSHS Vital Statistics

  • Original Will

    Original will if one exists

  • Application to Probate Will

    County-specific form

  • Oath of Executor/Administrator

    Must be signed and notarized

E-Filing & Filing Methods

Source ↗
eFileTexasCase SearchProbate Forms
Filing Methods: in person, mail, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
0 days
Creditor Claims
4 months
Known Creditor Notice
60 days

Creditor Claims

Period Starts
first publication of notice to creditors
Statute
Texas Estates Code Chapter 308

Publication Requirements

Notice to Creditors

Duration
Once

Notice of Petition/Administration

  • Beneficiaries
  • Known creditors
  • Surviving spouse

Related Proceedings

Property Recording

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Guardianship

Texas guardianship is governed by the Texas Estates Code and requires court approval.

guardian of person

Guardian responsible for the physical well-being and care of the ward

guardian of estate

Guardian responsible for managing the ward's property and finances

Guardian Training

Guardian training requirements vary by county. Contact local court for approved providers.

Court Rules & Orders

Local Rules

  • Smith County does NOT have a Statutory Probate Court - probate handled by County Court at Law No. 3
  • County Court at Law No. 3 (Judge Clay White) handles all probate and guardianship matters
  • E-filing mandatory for attorneys since January 1, 2014
  • Pro se parties may e-file but are not required to do so
  • Probate and guardianship hearings held on Monday afternoon
  • Uncontested hearings held at 200 E. Ferguson Street, Suite 100 (first floor)
  • Indexes available online, but images only available at County Clerk's office
  • Effective December 4, 2025: Valid ID required for all in-person document filings (per Senate Bill 16)
Sources (6)