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Texas Court Filing Fees (2026)

Texas court filing fees were consolidated by Senate Bill 41 (87th Legislature), effective January 1, 2022. Since then the base filing fee for each case type is set by state statute and is the same in all 254 counties. What still varies county to county: service-of-citation fees set by each sheriff and constable, optional Domestic Relations Office (DRO) fees in counties that operate a DRO, and each clerk's copy and certification fees.

Divorce
$350
District Court
Probate
$360
County Court / Statutory Probate Court
Small Claims
$54
Justice Court
Eviction
$54
Justice Court
Name Change
$350
District Court

Divorce filing fees in Texas

Filed with the District Clerk — District Court.

FilingFee
Original petition for divorce
$213 local consolidated civil fee + $137 state consolidated civil fee — Tex. Loc. Gov't Code §§ 135.101(a), 133.151
$350
Counterpetition, counterclaim, or intervention
$35 local + $45 state subsequent-filing fees — Tex. Loc. Gov't Code §§ 135.101, 133.151
$80
Motion to modify or motion to enforce in a suit affecting the parent-child relationship (clerk's option)
$35 local + $45 state — Tex. Fam. Code § 110.002
$80
Jury fee (written jury demand)
Tex. R. Civ. P. 216
$10

Source: Texas Office of Court Administration — District Court Civil Filing Fees (revised Nov. 3, 2025) — schedule dated 2025-11-03, last checked 2026-08-25.

  • There is no filing fee for a respondent's answer in a Texas divorce. The fees above are charged to the party filing the petition or motion.
  • Serving the other spouse with citation is extra and is the fee that actually varies by county: each sheriff's and constable's office sets its own service fee, commonly $75 to $150 per person served. Check the fee schedule of the constable precinct or sheriff for the county.
  • Counties that operate a Domestic Relations Office may add an initial DRO operations fee of up to $15 and an initial child-support service fee of up to $36 on cases involving children (Tex. Fam. Code § 203.005).

Probate filing fees in Texas

Filed with the County Clerk — County Court / Statutory Probate Court.

FilingFee
New probate, guardianship, or mental health case
$223 local consolidated civil fee + $137 state consolidated civil fee — Tex. Loc. Gov't Code §§ 135.102, 133.151
$360
Adverse probate action or contest (subsequent filing)
$75 local + $45 state subsequent-filing fees — Tex. Loc. Gov't Code §§ 135.102, 133.151
$120
Claim against an estate
Tex. Loc. Gov't Code § 118.058
$10
Annual or final account
Tex. Loc. Gov't Code § 118.052(2)(A)(iv)
$25
Application for sale of real or personal property
Tex. Loc. Gov't Code § 118.052(2)(A)(v)
$25
Inventory and appraisement filed late (after 90 days)
Tex. Loc. Gov't Code §§ 118.052(2)(A)(i), 118.056(d)
$25

Source: Texas Office of Court Administration — County-Level Court Civil Filing Fees (revised Oct. 27, 2025) — schedule dated 2025-10-27, last checked 2026-08-25.

  • Probate is filed with the county clerk. In counties with a statutory probate court (the large metros), the same consolidated fee applies; the clerk may add local record-keeping charges such as copy and certification fees.
  • Posting or publishing the required citation notice is billed separately by the clerk and varies by county.

Small Claims filing fees in Texas

Filed with the Justice of the Peace — Justice Court.

FilingFee
Small claims case filing (claims up to $20,000)
$33 local consolidated fee + $21 state consolidated fee — Tex. Loc. Gov't Code §§ 135.103, 133.151
$54
Jury fee (written jury demand)
Tex. R. Civ. P. 216
$22

Source: Texas Office of Court Administration — Justice Court Civil Filing Fees (effective Jan. 1, 2024) — schedule dated 2024-01-01, last checked 2026-08-25.

  • Justice courts hear civil claims up to $20,000 (Tex. Gov't Code § 27.031). Small claims cases are filed with the justice of the peace for the precinct where the defendant lives or where the dispute arose.
  • Serving the defendant with citation is extra: each county's constable or sheriff sets its own service fee, commonly $75 to $130 per defendant. Certified-mail service through the court is usually cheaper — ask the specific JP court.

Eviction filing fees in Texas

Filed with the Justice of the Peace — Justice Court.

FilingFee
Eviction (forcible detainer) case filing
$33 local consolidated fee + $21 state consolidated fee — Tex. Loc. Gov't Code §§ 135.103, 133.151
$54
Jury fee (written jury demand)
Tex. R. Civ. P. 216
$22

Source: Texas Office of Court Administration — Justice Court Civil Filing Fees (effective Jan. 1, 2024) — schedule dated 2024-01-01, last checked 2026-08-25.

  • Eviction suits are filed in the justice court for the precinct where the rental property sits.
  • Service of citation on each tenant is billed by the constable at a per-county, per-person rate (commonly $75 to $130 per tenant named). A writ of possession after judgment carries its own constable fee.

Name Change filing fees in Texas

Filed with the District Clerk — District Court.

FilingFee
Petition for change of name (adult or child)
$213 local consolidated civil fee + $137 state consolidated civil fee — Tex. Loc. Gov't Code §§ 135.101(a), 133.151
$350

Source: Texas Office of Court Administration — District Court Civil Filing Fees (revised Nov. 3, 2025) — schedule dated 2025-11-03, last checked 2026-08-25.

  • A name change in Texas is an original civil case in district court, so the standard consolidated civil filing fee applies.
  • An adult petition also requires a fingerprint card (DPS/FBI fingerprinting fees are separate, paid to the fingerprint vendor, not the court).

Civil Lawsuit filing fees in Texas

Filed with the District Clerk or County Clerk — District Court / County Court at Law.

FilingFee
New civil case in district court
$213 local consolidated civil fee + $137 state consolidated civil fee — Tex. Loc. Gov't Code §§ 135.101(a), 133.151
$350
New civil case in county-level court
$213 local consolidated civil fee + $137 state consolidated civil fee — Tex. Loc. Gov't Code §§ 135.101(a), 133.151
$350
New civil case in justice court (up to $20,000)
$33 local + $21 state — Tex. Loc. Gov't Code §§ 135.103, 133.151
$54

Source: Texas Office of Court Administration — District Court Civil Filing Fees (revised Nov. 3, 2025) — schedule dated 2025-11-03, last checked 2026-08-25.

Source: Texas Office of Court Administration — County-Level Court Civil Filing Fees (revised Oct. 27, 2025) — schedule dated 2025-10-27, last checked 2026-08-25.

Source: Texas Office of Court Administration — Justice Court Civil Filing Fees (effective Jan. 1, 2024) — schedule dated 2024-01-01, last checked 2026-08-25.

  • Which court you file in depends on the amount in controversy: justice court up to $20,000, county courts at law generally up to $250,000, district court for everything above and for family cases.

Fees by county

Pick a county for its full fee breakdown, the court that handles each case type, and county-specific notes.

Common questions

How much does it cost to file for divorce in Texas?
The filing fee is $350, paid to the District Clerk (District Court). The fee is the same in every county. Service of process and copy fees are extra.
How much does it cost to file probate in Texas?
The filing fee is $360, paid to the County Clerk (County Court / Statutory Probate Court). The fee is the same in every county. Service of process and copy fees are extra.
How much does it cost to file a small claims case in Texas?
The filing fee is $54, paid to the Justice of the Peace (Justice Court). The fee is the same in every county. Service of process and copy fees are extra.
How much does it cost to file an eviction in Texas?
The filing fee is $54, paid to the Justice of the Peace (Justice Court). The fee is the same in every county. Service of process and copy fees are extra.
How much does it cost to file a name change in Texas?
The filing fee is $350, paid to the District Clerk (District Court). The fee is the same in every county. Service of process and copy fees are extra.

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