To change your last name in Texas as an adult, you file a verified petition under Texas Family Code Chapter 45 in the county where you live, submit fingerprints for a background check, pay the filing fee, and attend a short hearing where a judge signs an order granting the new name. If you are marrying or divorcing, you usually do not need a separate petition at all — your marriage certificate or a request built into the divorce decree does the same job.
If You’re Marrying or Divorcing, Skip the Petition
Taking a spouse’s last name at marriage does not require a Chapter 45 case. Your marriage certificate is legal proof of the change, and the Texas Department of Public Safety accepts a marriage license to update the name on your driver’s license.1Department of Public Safety. Identification Requirements
In a divorce or annulment, you can ask the court to restore a name you used before the marriage as part of the decree. Under Texas Family Code Section 6.706, the court must grant that request unless it states a specific reason for denial in the decree, and it cannot deny the request solely to keep everyone in the family under the same last name.2State of Texas. Texas Family Code FAM 6.706 – Change of Name This route only works to return to a name you already used. If you want an entirely new name out of a divorce, you still need a Chapter 45 petition.
Who Can File a Chapter 45 Petition
Any adult living in Texas can file a name change petition in the county where they reside.3State of Texas. Texas Family Code Chapter 45 – Change of Name There is no minimum length of residency — you just need to live in the county at the time you file, and filing in the right county is what gives that court authority over your case.
For an adult with no felony conviction and no sex offender registration requirement, the standard is simple: the court must approve the change if it finds the change is in your interest and in the public interest.4State of Texas. Texas Family Code FAM 45.103 – Order
What the Petition Has to Say
The petition is a sworn document. Under Section 45.102, it must include your current name, your county of residence, the full new name you want, and your reason for the change. It must also state whether you have a felony conviction and whether you must register as a sex offender, and it must come with a full set of fingerprints on a card acceptable to both DPS and the FBI.
You also list your date of birth, sex, race, Social Security number, and every driver’s license number issued to you in the past ten years. If you have any criminal history, you list each felony conviction and each Class A or Class B misdemeanor conviction.5State of Texas. Texas Family Code FAM 45.102 – Requirements of Petition If any of these items are unavailable, you have to include a reasonable explanation for the gap. Lying on a sworn petition can support perjury charges.
Standardized forms are available through the local district clerk’s office and through Texas Law Help. Using them helps you avoid leaving out a required field.
Fingerprints and the Background Check
You need a legible, complete set of fingerprints on a standard FBI card. Appointments are available through IdentoGo at 1-888-467-2080 or on its website. The service costs $20 and gives you two cards.6Texas Department of Public Safety. CR-65 Submission of Fingerprint Cards to DPS/FBI for Adult Legal Name Change
After you are printed, mail one card to DPS along with a copy of your court-filed petition and a $27 payment (a $15 DPS fee and a $12 FBI fee) by cashier’s check, certified check, personal check, or money order made out to Texas DPS. Fingerprints cannot be submitted to DPS electronically for this purpose; they go by mail. If your prints are rejected for quality, you will need to be reprinted and resubmit.6Texas Department of Public Safety. CR-65 Submission of Fingerprint Cards to DPS/FBI for Adult Legal Name Change
Filing Fees and How to Waive Them
You file the paperwork with the district clerk in your county and pay the filing fee. The base civil filing fee in Texas is a $213 local consolidated fee plus a $137 state consolidated fee, for a total of $350.7Texas Courts. County-Level Court Civil Filing Fees Some counties add local fees on top. With the $47 in fingerprint and background costs, plan on roughly $400 or more before you ever set foot in the courtroom.
If you cannot afford the fee, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs. You may qualify if you receive means-tested government benefits, are represented by a legal aid organization funded by the Texas Access to Justice Foundation or Legal Services Corporation, or can show you lack the resources to cover court costs and basic household expenses. The statement is sworn before a notary or made under penalty of perjury, and once filed the clerk must accept and docket your case.
The Hearing and the Signed Order
After filing, the clerk assigns your case a cause number and a court. You then schedule a short hearing, sometimes called a prove-up, through the court coordinator. At the hearing you appear before a judge, testify under oath that the petition is true, and explain your reason for the change.
The judge reviews the background check results and decides whether the change is in your interest and the public interest. For a petitioner with no felony conviction and no registration requirement, the court must grant the change if those conditions are met.4State of Texas. Texas Family Code FAM 45.103 – Order If the judge is satisfied, they sign an Order Granting Change of Name. The wait from filing to hearing varies by county and docket but often runs a few weeks.
Ask the clerk for several certified copies of the order right away. Each agency you update will want its own certified copy, and each copy carries a small fee.
If You Have a Felony Conviction
With a felony on your record, the court has discretion instead of an obligation. You need to show that at least two years have passed since you received a certificate of discharge from the Texas Department of Criminal Justice or completed community supervision or juvenile probation. The court may also grant the change if you have been pardoned. Separately, a person with a felony conviction can ask to change their name to the primary name already appearing in their criminal history records without waiting two years.4State of Texas. Texas Family Code FAM 45.103 – Order
If You Have to Register as a Sex Offender
If you are required to register, you must give the court proof that you notified your local law enforcement authority of the proposed name change before the court will consider your petition. You may also ask the court to change your name to the primary name shown in your criminal history records. Missing these steps will result in denial.4State of Texas. Texas Family Code FAM 45.103 – Order
If You Are in the Address Confidentiality Program
Participants in the address confidentiality program run by the Texas Attorney General — a program for survivors of domestic violence, sexual assault, and similar crimes — get a presumption that the name change is in their interest and the public interest. The order is sealed and cannot be released to anyone, even after the person leaves the program.4State of Texas. Texas Family Code FAM 45.103 – Order
Updating Your Records After the Order
A signed order does not change your name anywhere else on its own. You update each agency and institution one at a time, and each one wants its own certified copy. The order below matters.
Social Security First
Start with the Social Security Administration. Request a replacement card in your new name online (where eligible), by phone at 1-800-772-1213, or at a local office.8Social Security Administration. Change Name With Social Security Doing this first matters because DPS checks your Social Security information when it issues a new driver’s license.
Texas Driver’s License
Once SSA reflects the new name, take your certified court order to a DPS driver’s license office to update your license or ID. DPS requires original or certified copies of name change documents; photocopies are not accepted.1Department of Public Safety. Identification Requirements
U.S. Passport
The passport process depends on timing. If both your passport was issued and your name was legally changed less than one year ago, submit Form DS-5504 by mail with your current passport, a certified copy of the order, and a new photo, with no fee unless you want expedited service. If more than a year has passed since either the passport was issued or the name change occurred, renew by mail using Form DS-82 if eligible, or apply in person with Form DS-11.9U.S. Department of State. Change or Correct a Passport
IRS and Tax Records
Tell the IRS so refunds and returns are not delayed. If your address is also changing, report both on Form 8822, which has a field for prior names.10IRS. Form 8822 – Change of Address If your address is the same, you can just file your next return under the new name, provided SSA already shows the update.
Everything Else
Contact your bank, employer, insurance providers, voter registration office, and any professional licensing boards. Most Texas licensing boards require notice within a set period and a certified copy of the order. If you own real property, ask a title company or attorney about recording a new deed. Consider updating your will or trust as well, either with a codicil or by signing a new document.
What the Change Does Not Do
Changing your name does not wipe out your past legal identity. Under Section 45.104, the change does not release you from any debt, contract, or other obligation incurred under your former name, and it does not strip you of any right you held under that name.3State of Texas. Texas Family Code Chapter 45 – Change of Name Creditors can still collect, judgments remain enforceable, and benefits or entitlements carry forward under the new name.