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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Probate Court contact details, administrative orders, e-filing rules, and hearing logistics for Smith County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Smith County Court at Law No. 3 Guide

Settled Estate publishes a probate filing guide for the Smith County Court at Law No. 3, read from 6 linked sources and last verified January 11, 2026. We have not recorded a filing fee or statutory deadline for this court, so confirm both with the court before you file.

By Settled Estate Editorial Team

Smith County · Probate Court information · Updated January 2026

Viewing the professional reference · Switch to the family guide

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Filing & Fees

Fee Schedule Signals

Source ↗

Probate Filing Fees

Contact Probate Division at (903) 590-4677 or (903) 590-4678 for current probate filing fee schedule. Will safekeeping fee is $5.

Document Fees

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

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

Records portal

Check live court-record information when available. Search results may not include every probate record.

Open the records portal
Filing Methods: in person, mail, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
Verify locally
Known Creditor Notice
60 days

Creditor Claims

Period Starts
no general bar from publication; a claim may be presented until the estate is closed, and a creditor sent a § 308.054 notice has until the 121st day after receiving it
Statute
Texas Estates Code §§ 308.051, 308.053, 308.054, 355.001, 355.060, 355.152

Publication Requirements

Notice to Creditors

Duration
Once
Statute
Texas Estates Code § 308.051

Must publish in newspaper of general circulation in county. Newspaper varies by county.

Notice of Petition/Administration

  • Beneficiaries
  • Known creditors
  • Surviving spouse

Related Proceedings

Property Recording

Source ↗

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)