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Probate Information
Recording
General Recording
Assume Names
Marriage License
Passports
Birth Certificates
Criminal
Probate / Civil Information
How to Probate a Will?
Answer: We have to
tell customers to consult with an attorney; we cannot give legal advice.
We are not aware of all legalities and the laws governing probate. The
Law Library is a source for information in filing the proper documents,
but there are many variations. Please see the Probate Court’s web site for any local rules.
How to
get a Letter of Testamentary?
Answer: The only
way to get a Letter of Testamentary or any letter in an
Administration/Estate is to have a court order authorizing the letters.
We cannot issue any documents without a court order in a case filed in
the Probate Court. Therefore, an Estate has to be probated in order to
receive Letters of authority that a financial institution may require.
Is it necessary to Probate a Will?
Answer: This is a
legal question that only an attorney can give the correct answer to.
Does the
Clerk’s Office supply forms?
Answer: We do not
supply forms or applications to file or supplement cases. We can only
issue citations, writs, abstracts, and other court ordered documents.
How do
you file an Occupational Drivers License?
Answer: You file a
Petition for Occupational Drivers License that is usually prepared by an
attorney. The Law Library has literature to help the pro se litigant
find the proper forms to prepare the appropriate case. Petitions for Occupational License are filed with the civil clerk’s. If the suspension originated from a criminal misdemeanor case the ODL case will be sent to the criminal judge for any hearings. If there is not a criminal case the ODL will stay in CCAL2.
What is the cost to file a Civil Case?
Answer: Please see Fee Sheet under the Civil Link to the left.
What is the cost to file a Probate Case?
Answer:
Please see Fee Sheet under the Probate Link to the left.
What is the jurisdictional limit of the
Probate/Civil Courts?
Answer: Civil - 500.00 to 100,000.00
Answer: Probate- unlimited
Can anyone make copies of a Mental Health file?
Answer: No one can see a Mental
Health File, or make copies without an Order from the Probate Court
Judge.
How to search for a Person by name or older file?
Answer: If someone
needs to find the name of a person in the Probate records, they can find
the name in the computer if it is 1989 –present. If the case is older,
the name must be searched in the index books located in the Law Library.
This will give the person a reference (case) number. If a person
requests the clerk to do the search, we must have a written request with
a 5.00 fee. (plus a 1.00 a year, if older than 1989)
Can we recommend an attorney?
Answer: We cannot
recommend any attorney – we recommend you call the local Bar Association
for helpful information regarding attorneys in this area
Recording
General Recording
What are the “standard
requirements” for filing a document in Real Property Records?
Answer:
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Property must be in Denton County. All documents pertaining to real property should have a legal description.
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All recordable documents must be signed and must bear all original
signatures. All signatures must be proved, acknowledged or sworn to according to law.
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All documents must have a
return address. Deeds must also have a Grantee address. This is for tax purposes.
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All assignments are required to
have a legal description attached. The only exception to this
is an “Assignment of Oil and Gas Lease.”
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Fee. Acceptable payment options are: cash, money order, cashier’s check or business check; no personal checks accepted. We do accept some credit and debit cards (we do not accept Visa at this time). Certain rules, restrictions and fees apply to credit card use. Please call our office for details if paying by credit card.
Is Fax
paper acceptable for filing?
Answer: The
only time fax paper is acceptable is when it is on standard 81/2 x 11 or
81/2 x 14 paper (no shiny, thin fax paper accepted). All signatures
MUST be original.
How do
I add someone’s name to my deed or remove someone’s name?
Answer: You will need to contact either an attorney or
a title company in order to obtain this information. This office is not
authorized to advise you on legal matters. We only record real property documents once they are completed and meet all filing requirements.
How
long does it take to get my document back after it is filed?
Answer: It takes approximately 4 - 6 days to complete the recording process.
Can I record real property documents at any of your 3 locations?
Answer: No. All documents and plats are recorded in our Denton office only. Assumed Name filings are the only documents that can be recorded at any of our 3 locations.
Assume Names
What
county do I need to register my business in?
Answer: Normally you would register your name within the same
county that your business is located. You can register your business in
as many counties as you would like.
Who
all needs to sign the Assume Name Certificate?
Answer: You would need to ask your bank and/or CPA to determine how
you would need to file your assume name. The county clerk’s office
has no requirement on the number of signatures on the certificate.
How do
I get a State Tax ID number?
Answer: You would
obtain this thru the State Comptrollers Office.
Telephone number- 1-800-252-5555
Dallas Office: 9221 LBJ Frwy.,
Ste. 100,
Dallas, TX. 75243
Who
all needs to sign an Abandonment of Assume Name?
Answer: A registrant that has filed an assumed business or professional name certificate which ceases to transact business under the assumed name.
Can assumed names be recorded at any of your 3 locations?
Answer: Yes.
Marriage License
What is the cost for obtaining a
marriage license?
Answer: $67.00 cash only. If you take the Twogether in Texas pre-marital education course and present the appropriate certificate of completion the fee for the marriage license will be $7.00
cash only. To learn more about this program please go to:
www.twogetherintexas.com .
What type of identification do I
need to present in order to obtain a marriage license?
Answer: You must present a state issued identification (i.e.:
certified birth certificate, valid driver’s license, etc.)
Do I have to purchase a marriage
license in the county in which I am getting married?
Answer: No, you may purchase your license anywhere within Texas
and use it in any county.
Can I use a Texas issued marriage
license in another state?
Answer: Yes, but before
doing so you may wish to speak to someone at a county clerk’s office
within the state you wish to marry in order to know their requirements.
Some states do not recognize another state’s license.
Who can perform the ceremony?
Answer:
How long does it take to get my
original license back after I am married?
Answer: It depends on when the officiator returns the license to our office. Once our office is in receipt of the license it takes approximately 1 week to process and return the license.
What is a common-law marriage?
Answer: When a man and woman agree to be married and after the agreement they live together in this state as husband and wife and they represent to others that they are married. As proof the couple may apply for a Declaration of Informal Marriage. No ceremony is required and the fee is $32.00 cash only.
Passports
What do I need as
proof of citizenship
in order to obtain a passport?
Answer:
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Certified birth certificate with State,
City, or County Seal (Hospital birth certificates are not acceptable.),
or
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Previous U.S. Passport, or
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Certificate of Naturalization
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Certificate of Citizenship, or
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Consular Report of Birth Abroad
(All documents must be original)
How long does it take to get my
passport back once your office has sent it in?
Answer:
It takes approximately 4-6 weeks to get a passport. You
can pay to expedite and have the passport back in approximately 2-3 weeks.
(Depends on what time of year you are applying)
Can I pay the passport fees with
a credit card?
Answer: The fee for the passport book/card has to be a check or money order. The county clerk execution fee paid directly to our office can be paid using cash or we do accept some credit and debit cards (we do not accept Visa at this time). Certain rules, restrictions and fees apply to credit card use. Please call our office for details if paying by credit card.
Can I bring the passport forms in
for my family or friends?
Answer: No, the person applying must take the oath and sign before a clerk. Both parents must accompany children 15 and under. One parent must accompany an applicant that is 16 or 17 years of age.
If I get married how do I change
my name on my passport?
Answer: If the passport is less than one year old you can complete the DS-5504 to send in along with a certified copy of your marriage license and your old passport to have it amended for no fee. If the passport is older than one year you must re-apply paying all the applicable fees, etc.
Can I get my passport photos
taken there?
Answer: Yes, we take two (2) identical passport photos for $10 cash or we do accept some credit and debit cards (we do not accept Visa at this time). Certain rules, restrictions and fees apply to credit card use. Please call our office for details if paying by credit card.
Are passport requirements different for minors?
Answer: Yes. Please refer to the following link for more information on applying for a passport for minors 15 and under:
http://dentoncounty.com/dept/main.asp?Parent=46&Link=255
Birth Certificates
Can I get my birth certificate
there if I was born in another county in Texas?
Answer: Yes. We are online with the Department of Vital Statistics in Austin which allows us to issue a certified copy for any county within the state for birth records beginning in 1926 forward.
What information do I need in
order to request a birth/death certificate by mail?
Answer: You will need to send in a written request or a complete application that includes: Name person, date of birth/death, place of birth/death, reason for needing certificate, your relationship to the person named on the certificate, your signature and a copy of your valid driver’s license. Send
appropriate fee in the form of a money order, cashier's check or
business check; no personal checks.. To download the application please go to:
http://dentoncounty.com/dept/main.asp?Dept=17&Link=49
Can my aunt, uncle, cousin, niece
or friend apply for my birth certificate for me?
Answer:
No, only immediate family can apply for your birth
certificate (mother, father, brother, sister,
grandfather, grandmother).
How do I get my name legally
changed on my birth certificate?
Answer: You would
have to get a court order to make any changes on your certificate. Please contact the District Clerk’s Office for information on legal name changes. The web site is
http://dentoncounty.com/dept/main.asp?Dept=26.
Do you accept credit cards?
Answer: We do accept some credit and debit cards (we do not accept Visa at this time). Certain rules, restrictions and fees apply to credit card use. Please call our office for details if paying by credit card.
Criminal
Where can I find online records for misdemeanor criminal
cases filed in Denton County?
Answer:
http://justice.dentoncounty.com/
This will
provide you with information on our criminal cases such as hearing
dates, dispositions, etc. All you need to know is the defendant’s
name or cause number.
How can I obtain a criminal
background search?
Answer:
Requests can be made in writing by mail or in person. A search fee of $5.00 will be charged guaranteeing the requestor that a clerk will search criminal records from 1990 ~ present. In criminal cases 1990~1996, only judgments are available. After the search has been conducted the clerk will prepare a standard letter certifying the finding of the search. If certified copies of any documents are needed, a fee of $1.00 per page and $5.00 certification fee will be charged.
What is the mailing address and the location of your
office?
Answer:
Our office
is located in the Denton County Courts Building at 1450 E. McKinney,
Suite 1332, (first floor) in Denton, Texas. We are located next to the
Sheriff’s
Department.
Our
mailing address is:
County
Clerk Criminal Courts
P.O. Box
2187
Denton,
Texas 76202-2187
How can students observe some of the different court
proceedings for class assignments?
Answer:
We post
the criminal dockets for each court on a weekly basis. These are
located in our lobby for the public to view. They state the time and
date for each Court hearing. Students simply need to look at the docket
and choose which case they wish to observe. All adult proceedings are
open to the public.
Are all records open to the public?
Answer:
Not all
information is public record. Information pertaining to the case, such
as dispositions, hearing dates, etc. is public record on adult cases.
Personal information such as social security numbers or phone numbers
may be confidential- the Civil Department of the District Attorney’s
office interprets laws pertaining to “open records.”
Cases
dealing with juveniles are strictly confidential. The Respondent and
his/her parent or guardian may have only limited access to the records.
The respondent’s attorney may have access to the complete file.
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