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County Court
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Smith County Court
is a constitutional county court which is defined as "a court named or described
and expressly protected in a constitution, or recognized by name or definite description
in a constitution."
The primary goal of the County Court of Smith County, Texas is to accomplish the
business of the parties and counsel who have matters in the Court as quickly, pleasantly
and economically as possible, within the limits imposed by Texas law.
The County Court of Smith County is charged with the administration of Texas Probate
Laws, hearing all the probate, guardianship and mental health matters filed in Smith
County.
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Judge Joel Baker
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Please note: Court staff can inform you about the services of the Court
and can answer questions regarding how the Court works, but they cannot answer substantive legal questions.
Court staff is prohibited by law from giving legal advice. You will need to contact an attorney to seek legal advice.
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Smith County Courthouse Annex
200 E. Fergson, STE. 100
Tyler, Texas 75702
Phone: (903) 590-4616
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Staff
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Lynn R. McGinnis, CLA
Probate Auditor/Administrator
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All Probate & Guardianship Dockets
Annual Account/Annual Reports
Inventories/Affidavits of Compliance
All contested probate & guardianship matters
Phone: 903-590-4616
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Donna Henry
Court Coordinator
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Mental/Chemical Dependency Commitments
Assists with Probate & Guardianship dockets
Assists with submission docket
Delayed Birth & Death Certificates
Phone: 903-590-4616
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Carmen Gardner
Executive Assistant
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Assists County Judge w/administrative duties
Coordinates County Judge's calendar
Assists staff with all aspects of County Court
Phone: 903-590-4625
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Court Dockets:
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| January |
February |
March |
01.10.12
01.24.12 |
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| April |
May |
June |
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| July |
August |
September |
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| October |
November |
December |
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Frequently Asked Questions
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What are the contact numbers for County Court?
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Main line 903-590-4616
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What days of the week does the Court hold hearings?
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Probate matters & Guardianship matters - Tuesday
200 E. Ferguson, Suite 100, Smith County Courthouse Annex, Tyler, Texas
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Where can I review a file or recently filed documents?
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All files are maintained in the Probate Division of the Smith County Clerk's office,
on the first floor of the Smith County Courthouse.
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What are the filing fees for ?
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Please refer to the County Clerk's web page for this information or contact the
Probate Division of the County Clerk's office 903-590-4677 or 903-590-4678.
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Does the Court accept fax filings ?
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No, the Court does not accept fax filings.
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Has my order been signed ?
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First you should check to judicial records website at www.smith-county.com. If you
cannot find the information you are looking for there, then contact the County Clerk's
Office, Probate Dept. 903-590-4677 or 904-590-4678.
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Where do I complain if I'm not satisfied with the way my attorney is handling the
case ?
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In very limited situations, the Court staff may be able to be of some assistance
in resolving the issues between you and your attorney. Otherwise, you should contact
another attorney to assume your representation, or if appropriate, contact the State
Bar of Texas.
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What is the difference between an Annual Account and an Annual Report?
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An annual account is an accounting of the assets and liabilities of an estate or
guardianship.
An annual report is a report on the person of an incapacitated person or minor
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When does an annual account have to be filed in a guardianship?
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An annual account must be filed within 60 days of the anniversary of the Guardian's
date of qualification
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When does an annual account have to be filed in an administration?
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Upon the expiration of twelve (12) months from the date of qualification.
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Is there a form for an annual account or an annual report ?
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The Court has a form for annual reports on the person in guardianship matters. The
Court has a form to use when filing annual accounts in guardianship estates and
dependent administrations
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How do I close a Guardianship of the person, a Guardianship of the Estate, and a
Dependent Administration?
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A final report is required to close a guardianship of the person. A final account
is required to close a guardianship of the estate and a dependent administration.
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When are guardianship hearings usually heard and how do I get a setting?
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The Court has local rules that you must follow to request a guardianship hearing.
Those rules are available on this website
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Where do I get forms to file an Application for Guardianship?
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Neither the Court nor the County Clerk have forms for the application and other
documents necessary for the creation of a guardianship.
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How long does it take to put a guardianship in place?
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Approximately 4 to 6 weeks.
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What is the difference between Guardian of the person and Guardian of the estate?
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The guardian of the person is authorized to make decisions about the health care,
living arrangements, and similar matters, but has no authority to expend funds.The
guardian of the estate has all rights and obligations to expend the ward's funds,
subject to prior Court approval.
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What are Letters of Guardianship?
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The letters of guardianship are the official certificate issued by the Clerk of
the Court reflecting that the guardianship was created, and identifying the ward
and the guardian. The letters of guardianship provide an expiration date on their
face.
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Do I need an attorney to represent me in a Guardianship?
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The creation of a guardianship is a very technical matter under the Probate Code.
Numerous steps are required, and strict compliance with the Code necessary. Although
the court staff is as helpful as possible, they are not authorized to practice law,
and cannot instruct a non-lawyer about all of the necessary matters that must be
accomplished.
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When will an attorney ad litem be appointed in a guardianship?
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An attorney ad litem is appointed as soon as the Court receives the application
for guardianship.
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Where do I get forms to file an Application for Probate?
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Neither the Court nor the County Clerk have forms for the application and other
documents necessary to file a probate matter.
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How long do I have to probate a will?
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4 years from date of death.
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What is "muniment of title?
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Documentary evidence of title.
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How long can an estate remain open ?
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There is no specific time for which an estate can remain open.
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When is the inventory due ?
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It is due 90 days from date of qualification.
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Can I get an extension ?
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Yes, the Court will grant an extension upon your filing a written application.
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Do I have to file an inventory, in cases in which the will is admitted to probate
as a muniment of title ?
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An inventory is not required to be filed when a will is admitted as a muniment of
title.
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Do I have to file the 181 affidavit of compliance?
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The affidavit of compliance regarding the fulfillment of the terms of the will must
be filed unless the judge waives the filing in the order admitting the will to probate
as a muniment of title. The Judge will waive the affidavit only in cases in which
there is a sole/single beneficiary of the will.
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What is mental illness?
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As defined by the Texas Health and Safety Code: An illness, disease, or condition,
other than epilepsy, senility, alcoholism, or mental deficiency, that:
A) substantially impairs a person's thought, perception of reality, emotional process,
or judgment; or
B) grossly impairs behavior as demonstrated by recent disturbed behavior.
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What process do I follow to have someone committed?
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You must first call the Andrews Center (903-597-1351) and speak to a therapist on
call about court ordered commitment services. The Andrews Center is the single port
of authority for the mental health system in Smith County. If the therapist feels
that the proposed patient meets the criteria for court-ordered services, he/she
will refer you to the County Court.
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What is Chemical Dependency?
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As defined by the Texas Health and Safety Code:
A) the abuse of alcohol or controlled substance;
B) psychological or physical dependence on alcohol or a controlled substance;
C) addiction to alcohol or a controlled substance.
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What is a Chemical Dependency commitment?
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A court-ordered process for a person to receive chemical dependency treatment in
an appropriate facility for such treatment.
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**Smith County no longer conducts involuntary chemical dependency commitments. State
hospitals no longer have chemical dependency treatment programs in those facilities.
However, Smith County does voluntary court-ordered chemical dependency commitments
when the proper procedure has been followed. (Contact the Court Coordinator for
details)
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What is a delayed birth certificate?
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A birth not previously registered as provided by law or not registered before the
one year anniversary of the date of birth.
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What is a delayed death certificate?
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A record of death that occurred in this state but was not registered no later than
the 10th day after the date of death
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Where can I apply for a delayed birth or death certificate?
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Applications for delayed birth and death certificates can be obtained through the
County Court office. Contact the Mental Health Coordinator for assistance.
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