Probate Court Investigators' Office

The State of Texas requires a licensed attorney to file an application for Guardianship. If you are interested in serving as Guardian, you would need to hire your own attorney to represent you. You can search for a probate attorney on the Dallas Bar website.

**If you cannot afford an attorney, here are some options for free legal assistance. As stated above, please start with Disability Rights to see if they can help with obtaining the proper medical documentation needed for a guardianship and representation.

1. Disability Rights of Texas
   1420 Mockingbird Lane, Ste 450, Dallas, TX 75247
   (214) 630-0916
   https://disabilityrightstx.org
2. Legal Aid of North Texas - Dallas - Legal Aid Services
   1515 Main Street, Dallas, TX
   (214) 748-1234
   legalaidoffices.com
3. Dallas Volunteer Attorney Program (DVAP)
   1515 Main Street, Dallas, TX
   (214) 243-2236
4. Dallas Bar Association Referral Services (DBA)
   (214) 220-7400
   dallasbar.org
5. Deedman School of Law: SMU Law Clinic
   https://www.smu.edu/Law/Clinics

****I***** If you are unable to successfully retain or obtain representation, please secure a letter of non-representation from either Legal Aid or DVAP and return via email to CIAdmin@dallascounty.org. Our office will file the Letter along with the CME and/or 1102 Referral Form for the Court to review.

All Applicants must complete the Judicial Branch Certification Commission (JBCC) registration and training. Upon completion of the training, Applicant will receive a Certificate, which must be filed with the Probate Clerks. In addition, appropriate background checks must be completed. There will be two separate backgrounds checks: One for individuals who will serve as Guardian of a Person and the Person’s estate is less than $50,000, and the other is for individuals who will serve as guardian of a Person and the Person’s estate is over $50,000. Applicant will also need to complete the Cover Sheet, which allows for the request of CPS/APS records from the Texas Department of Family and Protective Services. Please refer to the Letter to Counsel on our forms page for specific instructions and links to the websites.

Once all required documentation has been filed and service has been completed for the Alleged Incapacitated Person, a Court Investigator will be appointed to complete a home visit. The Court Investigator will visit the family at their residence and speak with groups and/or individuals regarding the application. The Court Investigator will walk through the home and will take photographs, as needed. A Court Investigator’s Report will be filed providing the Court with relevant information gathered during the visit.

Typically, applicants can expect the process to take approximately 6 months from the time of the filing of the application to the hearing for appointment. These times can vary based on the Court, caseloads, and Applicant’s and their attorney’s timeliness in complying with necessary requirements, including criminal background checks and registration with Judicial Branch Certification Commission (JBCC) .

No, family guardians are not compensated for their services. Private Professional Guardians are allowed to receive compensation based on specific ethical and legal guidelines.

If you are interested in taking over an existing guardianship, you have to successfully qualify and complete a training and background check. Contact the Court Visitor’s Program at (214) 653-6533, and an investigator will provide you detailed information and steps to become a successor. A Successor Guardianship Checklist will be sent to you. You can also find this document in the forms section.

Free legal services are available for those who qualify. Legal Aid of Northwest Texas, Dallas Volunteer Attorney Program (DVAP), Dallas Bar Association Attorney Referral Program, SMU Deedman School of Law Legal Clinic, are a few resources. Look for the Legal Resources Sheet in the resource section of our forms page.

You can file a complaint with your concerns with the Court Visitor Program. Click on the Concerns tab and follow the steps to having your concerns reviewed by the court. If it is an emergency, please call 911 for safety concerns. Call (214) 653-6533, for all other non-life-threatening emergency concerns.

Dallas County has options to appoint a third-party guardian through a certified professional guardian or guardianship program. If you have a question regarding a concern for guardianship, you can contact the Investigators’ Program at (214) 653-6446.

If you have knowledge of a Guardian or Incapacitated Person passing away, immediately contact the Court Visitor Program (214) 653-6533 to notify the court. If the Guardian passed away, notify the Investigator of any potential family willing to take over as guardian. If the incapacitated person passed away, a FINAL REPORT by the guardian will be required to close out the guardianship case. The court will need to confirm the death. You can do this by submitting a copy of the death certificate with the case number to the Probate Clerks office.

You or any interested person can request their rights back by filing an application or an Informal Letter request to the court. Click on the “Restoring Your Rights” tab and follow the steps to submitting your request for restoration. You can download the Restoration Brochure. You can also call (214) 653-6533 to initiate your request.