The County Clerk serves as Clerk of the Court for the Smith County Probate Court. This court hears issues associated with the estates of deceased persons, guardianships for incapacitated persons, and guardianships for minors. The Clerk's Probate Division issues citations, letters of guardianship, letters testamentary,  notices, and other documents as required by law or requested by customers.

Smith County Probate Court is a Constitutional Court that operates under the jurisdiction of the Honorable Judge Clay White in the County Court at Law No. 3. Please see Judge White's web page for more information, forms, and Local Rules. 

If you have matters before the Probate Court, you may find it useful to review information such as the Texas Estates Code. 

Please do not ask the Clerks for legal advice. It is unauthorized practice of law per Government Code Sec. 81.101. Clerks cannot give advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing an instrument. Any legal questions you may have concerning your document/case should be directed toward an attorney.

SEARCH CASE DATA

Note: All Civil, Criminal, and Probate Records are part of the Judiciary. 
Section 552.003(1)(B)(i) of the Government Code excludes the judiciary from the Public Information Act. Section 552.0035 of the Government Code specifically provides that access to judicial records is governed by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.”
Indexes are available on-line, but images are available ONLY at the County Clerk’s office Monday – Friday from 8am – 5pm.

Please contact our Probate Deputy Clerks for copies of documents via email at probateemployees@smith-county.com.

FEE SCHEDULE

E-FILE
Statewide e-filing rules for Probate cases.

The Supreme Court of Texas has mandated that all attorneys file court documents electronically in the district courts, statutory county courts, and constitutional county courts in Texas counties with a population between 200,000 and 499,999 beginning January 1, 2018.

As a result of this mandate, except in juvenile cases, attorneys are now required to electronically file (e-file) documents in Probate case in all Texas Counties. Unrepresented (pro se) parties and cases participants who are  not attorneys may e-file but are not required to do so. 

FORMS

Application for Private Professional Guardian
Request for Citation
Statement of Inability to Afford Court Costs