What to Do When Someone Dies in Fort Bend County, Texas
Probate in Fort Bend County runs through the County Court at Law No. 3: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Fort Bend County, settling their estate runs through the County Court at Law No. 3. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
County Court at Law No. 3 handles probate matters (Courtroom 2D, Fort Bend County Justice Center). County Courts at Law No. 2 (281-341-4443 for Probate/Mental Health) and No. 4 also have probate jurisdiction. Probate Auditor (sets hearings): 281-344-3912. County Clerk Courts Division (filings/fees): 281-341-8665. All applicants must appear at the hearing unless the court approves special circumstances.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Fort Bend County, probate runs through the County Court at Law No. 3 at 1422 Eugene Heimann Circle, Richmond.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.
Most Texas estates take 6 months to 12 months to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Fort Bend County
What probate costs in Fort Bend County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the County Court at Law No. 3 at 1422 Eugene Heimann Circle, Richmond.
Probate matters are handled through Fort Bend County Justice Center, County Clerk Courts Division, and Probate Auditor. Filing and payment go through these offices, not the main clerk window.
Fort Bend County runs a probate self-help center, which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case.
The County Court at Law No. 3 charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-09-08 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text). Neither section carries an 89th Leg. (2025) amendment; both last amended by SB 1612 (88th Leg.), eff. 1/1/2024.Verified Sep 8, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the County Court at Law No. 3 (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.
Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the County Court at Law No. 3
If you're handling probate yourself in Fort Bend County, Texas, you can file at the County Court at Law No. 3 in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
Filings here are routed through Fort Bend County Justice Center, County Clerk Courts Division, and Probate Auditor. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Fort Bend County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
•Original wills (must be filed in person within 3 days)
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the County Court at Law No. 3 is realistic. Fort Bend County has a self-help center that assists people filing without an attorney.
Hearing schedule: Wednesdays for non-record matters, Thursdays for record matters, both at 11:00 AM via Zoom
Contested matters scheduled by availability. Attorney ad litems/guardian ad litems must submit reports to Probate Auditor at least one week before hearings.
Information on less-restrictive alternatives before seeking guardianship
Before You Go
Hearing schedule
Wednesdays: Non-record matters (Letters Testamentary, Muniments) at 11:00 AM via Zoom. Thursdays: Record matters (Administrations, Heirships) at 11:00 AM via Zoom.
What to Bring
To file at the County Court at Law No. 3 you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Fort Bend County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Fort Bend County are recorded with the County Clerk in Richmond, TX 77469.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Texas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Fort Bend County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Texas are based on reasonable compensation — typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Fort Bend County firm to quote a structure up front.
A probate attorney files the petition with the County Court at Law No. 3, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Pearland firm serving Brazoria, Harris, and Fort Bend counties across every Texas probate track — court-supervised administration, muniment of title, small-estate affidavit, and ancillary probate for out-of-state property. Three attorneys draft wills, trusts, powers of attorney, and healthcare directives, and represent executors and beneficiaries through estate administration.
Serves Harris County and the surrounding Houston area from Timmons Lane near the Galleria. Represents executors and trustees through probating the will, administering the assets, filing a federal estate tax return where required, and distributing to individuals or trusts, and represents beneficiaries protecting their interests. Both partners are board certified in Estate Planning and Probate Law.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more
Houston practice handling probate and estate administration in the Harris County probate courts, plus Fort Bend, Montgomery, and Galveston counties. John T. Elliott, board certified in estate planning and probate law since 2011, probates wills, opens independent and dependent administrations, determines heirship, and handles probate dispute litigation and guardianship administration.
Houston firm founded in 1979, serving Harris County families, closely held businesses, and institutions serving as fiduciaries. Handles probate and estate and trust administration for fiduciaries and beneficiaries alongside wills, lifetime trusts, business succession, and charitable structures. Co-founder Roger Q. Beck has been board certified in estate planning and probate law since 1988.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more
West Houston firm on S. Dairy Ashford handling probate alongside business and tax work. Probate services include will admission, contested wills, intestate heirship and dependent administration, muniment of title, trust litigation, and receivership. Founder Harold "Hap" May is a CPA with an LLM in tax law.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 7 more
Houston firm on Kirby Drive representing executors, heirs, and beneficiaries through probate and trust administration, heirship determinations, intestacy, and creditor claims against estates, serving Harris County and surrounding counties. The attorneys carry over half a century of combined experience and take qualifying contested will cases with no upfront fees.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Fort Bend County Guides
Step-by-step tools for families in Fort Bend County, Texas.
