Texas Guardianship Fee Waiver — How TRCP Rule 145 Works

New SAPCR filing fees in 2026 county schedules run $280–$401, before citation and service costs; probate guardianship fees follow the local probate court schedule. For a grandparent or relative on a fixed income, that can be a barrier. Texas Rule of Civil Procedure 145 provides a way to waive covered court costs — and the process is simpler than most people expect.

The Form: CB-CFFW-100

The Statement of Inability to Afford Payment of Court Costs is a Supreme Court-approved form available from TexasLawHelp.org. The form number is CB-CFFW-100, and you file it alongside your guardianship application or SAPCR petition.

You sign it under penalty of perjury (as an unsworn declaration) or before a notary. You do not need an attorney to file it.

Who Qualifies

The rule recognizes two paths to eligibility:

Public-benefit evidence. If you or a dependent currently receive means-tested public benefits, that is prima facie evidence of inability to afford court costs. The covered benefits include:

• SNAP (food stamps)
• TANF (Temporary Assistance for Needy Families)
• SSI (Supplemental Security Income)
• Medicaid

Attach a copy of your benefit verification letter or card with the Statement.

Income-based statement. If you do not receive means-tested benefits, complete the Statement with your financial information and explain why you cannot afford the court costs.

What the Fee Waiver Covers

The waiver applies to:

• Initial filing fees
• Citation issuance charges ($8 per party)
• Constable service fees ($60–$85 per party)
• Court reporter fees for hearing transcripts
• Certified copy costs ($5 plus $1/page)

The waiver does not cover:

• Private process servers (constable service is the free-service alternative)
• Independent home studies
• Private attorney fees

The Rule 145 cost list does not specify Attorney Ad Litem fees; check the appointment order for who must pay.

How the Contest Process Works

A clerk cannot simply deny your fee waiver. Under TRCP 145(f), the clerk or another party may contest it by filing a sworn motion with specific evidence that your statement was false when made.

If someone files a contest:

1. You must receive at least 10 days' written notice before any hearing
2. The court holds an oral evidentiary hearing — not a paper ruling
3. You have the right to present evidence and respond

Filing the Waiver

File the fee waiver at the same time as your guardianship application or SAPCR petition. Hand both documents to the clerk together. Under Rule 145, filing the Statement allows the case to proceed without prepayment unless it is contested under the rule.

If you may need a fee waiver, file the Statement with your initial petition.

One Practical Tip

Keep copies of everything. The clerk stamps your filed copy as proof of submission. If an institution later questions whether your court costs were waived, the stamped fee waiver statement is your evidence.

Our Texas Guardianship and Custody Court Process Guide includes a fee waiver preparation checklist that walks through the supporting documents to gather before you visit the clerk's office.

See more Texas guides →