How Much Does Guardianship Cost in Texas?
The cost of establishing guardianship over a minor in Texas depends on whether you hire an attorney, which county you file in, and how many parties need to be served. Here's a realistic breakdown so you can plan before you file.
Court Filing Fees
Filing fees vary by county. These 2026 ranges are for a new SAPCR filing; probate guardianship fees follow the local probate court schedule:
- Harris County: $350–$365
- Dallas County: $350–$401
- Bexar County (San Antonio): $350–$401
- Rural counties: $280–$320
These fees cover the initial filing only. Each additional document you file (motions, amended petitions) may carry smaller fees.
Service of Process
Required service recipients depend on the case. In a SAPCR, serve both parents, any court-appointed conservators or legal guardians, and any entity paying or receiving child support. In a guardianship, personal service is required on the proposed ward (if age 12 or older), parents, adult siblings, and anyone holding a power of attorney. Costs per party in the reported county schedules:
- Citation issuance: $8
- Constable service (in-county): $60–$85 depending on the county
- Private process server or citation by publication: Check the county and provider for current charges; these are not included in the constable-service ranges.
If you need to serve two parents in the same county, plan for roughly $120–$170 in constable fees alone.
Attorney Ad Litem
In certain situations — particularly when a parent is served by publication or when the child is a party in a guardianship — the court appoints an Attorney Ad Litem. The petitioner typically pays the ad litem's fees, which the court sets based on case complexity:
- Urban counties: $500–$1,500
- Rural counties: $300–$1,000
Rule 145 identifies filing fees, citation issuance, constable service, court reporter record charges, and certified-copy costs as covered. It does not specify Attorney Ad Litem fees; check the appointment order for who must pay.
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Certified Copies and Letters of Guardianship
After the court grants guardianship, you'll need certified copies of the order and Letters of Guardianship to show schools, doctors, and agencies. Each certified copy costs $5 plus $1 per page. Plan to get several — each institution typically wants its own certified copy.
Attorney Fees (If You Hire One)
Initial attorney consultations cost $200–$600 per hour. Full-representation fees depend on the lawyer and the scope of the case, so ask for a written estimate.
An attorney is not legally required for guardianship in Texas — you can file pro se (self-represented). But contested cases with opposing parents or complex property issues are difficult to handle alone.
The Fee Waiver: TRCP Rule 145
If you cannot afford court costs, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs (Form CB-CFFW-100). The form is approved by the Texas Supreme Court and available free from any district clerk.
The fee waiver covers:
- Initial filing fees
- Citation issuance charges
- Constable service fees
- Court reporter transcript fees
- Certified copy costs
It does not cover private process servers, independent home studies, or attorney fees.
To qualify, you sign the statement under penalty of perjury. If you or a dependent receive means-tested benefits — SNAP, TANF, SSI, or Medicaid — that constitutes prima facie evidence of inability to afford costs. A clerk or another party may contest the statement only by filing a sworn motion with specific evidence that it was false when made; the court cannot order payment without an oral evidentiary hearing after 10 days' written notice.
Total Cost Estimates
| Scenario | Cost basis |
|---|---|
| Uncontested SAPCR, pro se, with fee waiver | Rule 145 can waive covered filing, service, and copy costs; noncovered costs may remain |
| Uncontested SAPCR, pro se, no fee waiver | SAPCR filing fee of $280–$401, plus $8 per citation and $60–$85 per constable service |
| Uncontested with attorney | Initial consultation: $200–$600 per hour; request a written estimate for representation |
| Contested with attorney | Request a case-specific written estimate; costs depend on the scope of representation |
Planning Your Budget
If money is tight, consider filing the fee waiver with your initial petition. Gather your benefit verification letters (SNAP, Medicaid, SSI) before you go to the clerk's office.
Our Texas Guardianship and Custody Court Process Guide includes a fee waiver checklist and a filing preparation worksheet that walks through every document and cost before you file, so nothing catches you off guard at the clerk's window.
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