Texas Guardianship Court by County: Which Court Handles Your Case

Texas Has No Unified Guardianship Court

Unlike states with a single statewide probate court system, Texas distributes guardianship jurisdiction across 254 counties, and which court hears your case depends entirely on local infrastructure. The practical experience of filing for guardianship in Harris County looks nothing like filing in a rural West Texas county — different court types, different levels of specialization, different compliance monitoring.

You must file in the county where the proposed ward resides. There is no shopping around — venue is fixed by residency.

Three Types of Courts, Three Different Experiences

Statutory Probate Courts exist in Texas's most populous metropolitan counties. These are specialized courts that hear only probate and guardianship matters — the judges deal with these cases exclusively, the staff understands the process, and the courts often maintain dedicated Guardianship Compliance Programs that actively monitor guardians' annual reporting obligations.

Counties with Statutory Probate Courts include Harris (Houston), Dallas, Tarrant (Fort Worth), Bexar (San Antonio), Travis (Austin), El Paso, Collin, Denton, Hidalgo, and several others. If you live in one of these counties, your guardianship case goes directly to the Statutory Probate Court, which holds exclusive, original jurisdiction over all guardianship proceedings — contested and uncontested.

County Courts at Law with probate jurisdiction serve mid-sized counties that don't have a Statutory Probate Court. These are general-jurisdiction courts where the judges also handle other civil matters, but they have statutory authority to hear guardianship cases. In counties with both a Constitutional County Court and a County Court at Law exercising probate jurisdiction, the two courts have concurrent original jurisdiction — meaning either can hear the case.

Judges of County Courts at Law are required to be licensed attorneys, so they bring legal training to guardianship decisions even if probate isn't their sole focus.

Constitutional County Courts are the default in rural, less-populated counties that lack both Statutory Probate Courts and County Courts at Law with probate jurisdiction. The Constitutional County Court has original jurisdiction over guardianship cases, but with an important limitation: the judges are not required to be licensed attorneys. They must be "well-informed in the law," but they may not have legal training.

If a guardianship proceeding in a Constitutional County Court becomes contested — if someone opposes the application — the case must be transferred to a District Court or to a judge assigned by the regional presiding judge, because Constitutional County Courts lack authority to hear contested guardianship matters.

What This Means for Your Case

In metro counties (Statutory Probate Courts): The process is the most streamlined. Court staff are familiar with guardianship filings, the judge handles these cases daily, and the compliance infrastructure is robust. Filing fees, Attorney Ad Litem appointments, and hearing schedules follow well-established procedures. The downside: these courts are busy, so hearing dates may be further out.

In mid-sized counties (County Courts at Law): The process works well but may move slightly slower than in a dedicated Statutory Probate Court. The judge has broader responsibilities, so guardianship hearings compete for docket space with other civil matters. Attorney Ad Litem availability varies by county.

In rural counties (Constitutional County Courts): The process is less predictable. The judge may handle guardianship cases infrequently and may rely more heavily on the appointed Attorney Ad Litem and court investigator to guide the proceedings. If the case is contested, expect a transfer and potential delays.

Finding Your Court

To determine which court handles guardianship in your county:

1. Check whether your county has a Statutory Probate Court — the Texas Judicial Branch website maintains a directory of all courts by county
2. If not, check whether your county has a County Court at Law with probate jurisdiction
3. If neither, your case goes to the Constitutional County Court

Your guardianship attorney will know the correct court and any county-specific filing requirements, local forms, or procedural quirks. Many counties have their own guardianship packet — standardized forms that supplement the state-level Estates Code requirements.

County-Specific Compliance Monitoring

The level of ongoing oversight after your guardianship is established also varies by county:

• Harris County operates one of the most active Guardianship Compliance Programs in the state, with staff who review every Annual Report and follow up on late or incomplete filings
• Dallas County and Tarrant County maintain similarly robust compliance programs through their Statutory Probate Courts
• Bexar County has dedicated guardianship compliance monitoring
• Smaller counties may rely on the judge's office to track annual reports, with less systematic oversight

Regardless of your county's monitoring intensity, the guardian's legal obligations are identical statewide. You must file the Annual Report of the Person, and — if you're guardian of the estate — the Annual Account, on time and complete.

Getting Help With the Filing Process

The Texas Adult Guardianship & Alternatives Guide walks through the complete court process, including what to expect at the hearing, how to prepare the CME or DIDD, and what the court investigator and Attorney Ad Litem will be looking for. It also covers the alternatives that might make the court process unnecessary altogether.

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