Probate Court: Guardianship
A guardianship is a legal process that can be useful in some cases where an incapacitated person (the Ward) is unable to make or communicate sound decisions regarding their own person and/or property. This process allows the Court to appoint another person (the Guardian) to act on behalf of the incapacitated person to promote and protect their well-being.
Because guardianships limit important individual rights for Wards, alternative options must be considered and explored before pursuing a guardianship.
While considering whether a guardianship is necessary, we encourage applicants to review the resources in the Useful Links section to learn more about guardianship.
If you are an existing guardian, please remember to file your Annual Report in a timely manner each year. The updated Annual Report of the Person form can be found View the Annual Report.
JBCC Registration
Effective June 1, 2018 all guardianships in the state of Texas must be registered with the Judicial Branch Certification Commission (JBCC). This requirement is governed by Section 155 of the Texas Government Code.
All guardians and guardianship applicants are required to submit certain information to the JBCC, which will be registered in the guardianship database. This includes guardianships that were established before this date, applies to both guardians in a co-guardianship, and applies to successor guardians to existing guardianships. New guardians must also complete a mandatory training course through the JBCC.
A hearing on a Guardianship Application cannot be set until all JBCC requirements have been met.
Please refer to this JBCC Registration document for step-by-step instructions and an in-depth FAQ regarding the guardianship registration and guardianship training process.
Please note that if a Proposed Guardian resides outside the State of Texas, or if a Guardianship of the Estate is being sought and the Proposed Ward's estate exceeds $50,000, the Proposed Guardian(s) must submit fingerprints for a background check. Please refer to the Probate Clerk's Office for more information regarding this process.
Forms and Information
Frequently Asked Questions
Guardianship Process (12)
At this time, all incoming applications for guardianship and transfers from out of state must be filed by an attorney. Please note that in cases involving a guardianship of the estate, an attorney must remain in the case to file Annual Accountings each year on behalf of the Guardian for the duration of the guardianship. Please see the Useful Links section for information on locating a local guardianship attorney.
Before reaching out to the Court with this matter, we require that you exhaust all other options available to help this person meet their needs and eliminate the need for a guardianship. Some alternatives to guardianship can be found under the Useful Links section below. If all other methods prove inadequate, please email Destiny Tatum.
A guardianship could be necessary for relatively larger amounts of money. There are simpler processes to collect smaller amounts of money that will not require a guardianship under Chapter 1355 of the Texas Estates Code. You should consult an attorney in this situation.
All guardianships need to be registered with the JBCC. This includes older guardianships, applies to both guardians in a co-guardianship, and must be done individually for each guardianship for guardians of multiple wards. Please see the JBCC Registration Instructions document above for both step-by-step instructions for how to register, as well as a detailed FAQ specifically for JBCC registration.
If your guardianship was granted prior to , you do not need to complete the training. However, if your guardianship was granted after , please complete the training and email your certificate of completion to the Probate Clerk's Office at Probate Court. Please be sure to include your cause number in the email subject line.
Fingerprints are only necessary if the Ward over whom the guardianship is being sought has an estate that exceeds $30,000 or if you reside outside of the State of Texas. If this applies to you, please make arrangements through IdentoGO . You will be required to enter the Service Code for the Probate Clerk’s Office. To receive this code, please contact the Probate Clerk’s Office directly at (972) 548-6463.
Attorneys may make interpreter arrangements for their clients using an interpreter of their choosing. Alternatively, the Court can arrange an interpreter upon request. Please contact the Court Coordinator at least two weeks in advance of the hearing by emailing Shaunda McDonald-Willey. Be sure to include the following information in your correspondence:
- Cause Number
- Target language
- Date and time of the hearing
- Names of participants requiring interpretation
Annual Reports are due two months after the Reporting Period each year. The Reporting Period is typically the month and day your guardianship was granted by the Court. For example, if the Judge granted your guardianship on October 10, 2020, then your Reporting Period would most likely be October 10 - October 10 of each year, and your Annual Report is due between October 10 and December 10 of each year.
Contestants to guardianships need legal representation. Please consult an attorney. You can find information for locating a local attorney under the Useful Links section of this page.
Attorneys seeking to schedule a hearing for a contested guardianship or probate matter must coordinate through the Court Coordinator via email. Please be sure to copy all counsel of record on the email. A hearing will not be set unless all attorneys are included in the correspondence. Contested docket availability, scheduling requests, and general contested case correspondence may be emailed.
Please send your request to Probate Court. For maximum expediency, be sure to include the following information:
- Your name
- Cause Number
- Date the hearing occurred
- Hearing format (in person, Zoom, or hybrid)
Please get in touch with Destiny Tatum.
Probate Cases (8)
An attorney is not required to probate a will if administration of the estate is not necessary. An attorney is also not required to initiate small estate affidavit proceedings. However, an attorney is required if someone needs to be approved to administer the estate. Additionally, please keep in mind that if you have questions about any of the above processes, you may still find it beneficial to consult with an attorney on how to complete the process. Please see the Useful Links section for information on locating a local probate attorney.
We recommend that you consult with an attorney. There is a simplified probate process that allows for the filing of a Small Estate Affidavit if the estate does not exceed $75,000 for a single person or $150,000 for a married person (not including homestead and other exempt property.)
The process of challenging a will is very complex. You should consult an attorney if you are contemplating challenging a will.
Attorneys seeking a setting for a contested probate or guardianship matter must schedule through our Court Coordinator via email. Please be sure to copy all counsel of record. A hearing will NOT be set unless all attorneys are included on the email. Contested docket availability, scheduling, and general contested case correspondence may be emailed.
The Probate Clerk’s Office can answer some questions about the mechanics of the probate process, but they cannot give you legal advice. You can get in touch with the Probate Clerk’s Office at (972) 548-6463.
Please send your request to Probate Court. For maximum expediency, please include your name, the Cause Number of the case, the date the hearing occurred, and whether the case was held in person, over Zoom, or hybrid.
Attorneys may make interpretation arrangements for their clients through an interpreter of their choosing; however, the Court can arrange an interpreter upon request. Please contact the Court Coordinator at least two weeks in advance of the hearing by emailing Shaunda McDonald-Willey. Be sure to include the Cause Number, target language, date and time of the hearing, and the names of participants requiring interpretation.
While Texas Probate Courts have the ability to issue supporting documentation for Delayed Death Certificates, Texas Probate Courts do not have the authority to issue documentation supporting Amended Death Certificates. Please contact Texas Health and Human Services for assistance regarding the specific documentation needed to complete this process.