Brazos County, TX Court Filing Fees (2026)
What it costs to file at the courthouse in Brazos County, Texas — divorce, probate, small claims, eviction, and name changes — from the Texas judiciary's published fee schedules. Every amount below links to its source and shows when we last checked it.
| Case type | Court | Filing fee |
|---|---|---|
| Divorce | District Court | $350 |
| Probate | County Court / Statutory Probate Court | $360 |
| Small Claims | Justice Court | $54 |
| Eviction | Justice Court | $54 |
| Name Change | District Court | $350 |
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 filing fee in Brazos County
Filed with the Brazos County District Clerk — District Court.
| Filing | Fee |
|---|---|
| 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 fee in Brazos County
Filed with the Brazos County County Clerk — County Court / Statutory Probate Court.
| Filing | Fee |
|---|---|
| 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 fee in Brazos County
Filed with the Brazos County Justice of the Peace — Justice Court.
| Filing | Fee |
|---|---|
| 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 fee in Brazos County
Filed with the Brazos County Justice of the Peace — Justice Court.
| Filing | Fee |
|---|---|
| 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 fee in Brazos County
Filed with the Brazos County District Clerk — District Court.
| Filing | Fee |
|---|---|
| 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 fee in Brazos County
Filed with the Brazos County District Clerk or County Clerk — District Court / County Court at Law.
| Filing | Fee |
|---|---|
| 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.
Common questions
- How much does it cost to file for divorce in Brazos County, TX?
- $350, paid to the District Clerk (District Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file probate in Brazos County, TX?
- $360, paid to the County Clerk (County Court / Statutory Probate Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file a small claims case in Brazos County, TX?
- $54, paid to the Justice of the Peace (Justice Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file an eviction in Brazos County, TX?
- $54, paid to the Justice of the Peace (Justice Court). Service of process, copies, and certification fees are extra.
- How much does it cost to file a name change in Brazos County, TX?
- $350, paid to the District Clerk (District Court). Service of process, copies, and certification fees are extra.
- Can I get the filing fee waived in Brazos County?
- Yes. If you cannot afford court costs, file a Statement of Inability to Afford Payment of Court Costs (Tex. R. Civ. P. 145) with your first filing. If it is granted you do not pay the filing fee.
- Are these fees specific to Brazos County?
- The base filing fees in Texas are set by state law and are the same in Brazos County as in every other county. What varies locally: service-of-process fees, copy and certification fees, and any optional local add-ons — confirm those with the Brazos clerk.
Sources for Brazos County
- Texas Office of Court Administration — District Court Civil Filing Fees (revised Nov. 3, 2025) — schedule dated 2025-11-03, last checked 2026-08-25
- 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
- Texas Office of Court Administration — Justice Court Civil Filing Fees (effective Jan. 1, 2024) — schedule dated 2024-01-01, last checked 2026-08-25