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.
What to Do When Someone Dies in Galveston County, Texas
How probate works in Galveston County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Galveston County Probate Court
Galveston County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
600 59th Street, Suite 2001, Galveston, TX 77551
Website
E-filing
Self-represented filing
Attorney of record required
Self-help forms
E-filing
Required for attorneysAttorneys must e-file probate cases through eFileTexas; self-represented filers may e-file or file on paper. When an application to probate a will is e-filed, the original will goes to the clerk within three business days. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.
County forms
- Small Estate AffidavitCollect a small estate without full probate
- Small Estate Cover LetterThe court's checklist of the conditions and documents a small estate affidavit needs
- Instructions - Independent AdministrationInstructions for an independent estate administration
- Instructions - Dependent AdministrationInstructions for a dependent estate administration
- Court Policy Regarding Pro Se ApplicantsThe court's policy on which probate proceedings a person may file without an attorney
P.O. Box 17253
Galveston, TX 77552
Fax
1-409-765-3160
About the court
- Probate cases are filed with the County Clerk at the Justice Center and heard in the Probate Court in the same building.
Verified October 16, 2026 · Source
How Probate Works in Galveston County
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 Galveston, probate runs through the Probate Court at 600 59th Street, Suite 2001, Galveston.
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. Creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present a claim, counted from the written notice the representative sends them, not from publication.
What Probate Costs in Galveston County
What probate costs in Galveston 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 Probate Court at 600 59th Street, Suite 2001, Galveston.
Procedures at this court that affect cost: A new probate case is $360 to file; each citation issued is $8, and a citation by certified mail is $105.75.
Texas charges a $360 statewide base for an original probate filing: the $137 state consolidated fee plus the $223 local consolidated fee. Counties add charges for issuing citation and for the sheriff or constable posting notice, so county totals for a will probate run from $360 to about $520Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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 Probate Court
Probate cases in Galveston County, Texas are filed at the Probate Court.
Can You File Without an Attorney?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
For a full cost comparison and filing checklist, see the Galveston County Self-Filing Assessment.
Galveston County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
The court reviews will prove-up and heirship paperwork before the hearing, so the proposed hearing documents are e-filed as soon as the hearing is set.
SourceCourt Appearances
Everything the court needs to act on a set application must be on file at least 72 hours before the hearing, or the case is taken off that day's docket.
Proposed orders, proofs of death, oaths, waivers and consents count. Hearings to probate a will of a person dead more than four years, or a copy of a will, are heard only on the Thursday docket and set on written request.
SourceWhat to Bring
Filed with the opening petition at the Probate Court: Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — drafted by counsel, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation issued by the county clerk and served — by posting where the will is produced in court — before the court may act on the application, and proof of that service (Tex. Est. Code §§ 258.001, 258.003; §§ 256.151(4), 301.151(4))Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Galveston County
In Texas a death is registered locally, and in Galveston County certified copies of the death certificate are issued by Vital Statistics, Galveston County Health District as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
Local Health Department
Galveston County · Vital Statistics, Galveston County Health District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
9850-A Emmett F. Lowry Expressway, Suite A-102, Texas City, TX 77591
Website
Order online
Also issued by
The county recorder
Local rule
- The Health District holds deaths in Galveston County. Identification and proof of relationship must be originals, since copies, screenshots and pictures of identification are not accepted.
Certified copy fees
| First certified copy | $21 |
| Each additional copy ordered at the same time | $4 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Galveston County · Galveston County Medical Examiner
Phone
Office
1205 Oak Street, La Marque, TX 77568
Website
Mail and offices
Fax
1-409-770-5239
Verified November 2, 2026 · Source
Transferring Property in Galveston 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 Galveston County are recorded with the County Clerk at 600 59th Street, Suite 2001, Galveston, TX 77551. Phone: 1-409-766-2200. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 17253, Galveston, TX 77552.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Recording Office Record
County Clerk
Galveston County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
600 59th Street, Suite 2001, Galveston, TX 77551
Website
P.O. Box 17253
Galveston, TX 77552
Recording fees
| Base fee (first page) | $25 |
| Each additional page | $4 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025
Verified October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Galveston County
Texas allows independent administrationTex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Texas are based on reasonable compensation, billed hourly or as a flat fee. Ask a Galveston County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, 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.
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.
Serves Montgomery, Harris, Fort Bend, and Galveston counties from The Woodlands. Handles Texas probate end to end: getting an executor or administrator appointed, preparing the inventory and appraisement, running the creditor-notice period, retitling property into the estate, and closing with the required accountings. Steven J. Clausen is board certified in Estate Planning and Probate Law.
North Loop Houston firm handling estate planning and probate alongside construction, insurance, and commercial litigation in Harris County. Assists families with will drafting, revocable and irrevocable trusts, powers of attorney, healthcare directives, and all three Texas probate tracks — dependent administration, independent administration, and muniment of title.
Houston firm founded in 1981 whose Trust, Probate, and Estate Planning group serves business owners, executives, and their families in Harris County and the surrounding metro. Handles estate and trust administration, probate disputes, creditors' claims, and the fiduciary duties of executors and trustees, and drafts wills, family and charitable trusts, and business succession agreements.
Serves Galveston County and the upper Texas coast from downtown Galveston. Handles muniment of title, affidavit of heirship, ancillary administration, and administration where there is no will, at a fixed probate fee quoted up front, and drafts wills, revocable and irrevocable trusts, and powers of attorney. Zoom, phone, or in-person consultations.
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.
Legal Sources
(9)·
- Tex. Est. Code §§ 352.002, 352.003
- Tex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)
- Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)
- Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102
- Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)
- Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025
- Galveston Probate Court, official page
- Galveston County Clerk, official page
- Galveston County vital records and death investigation offices, official page
Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Get the Answer
Hire a Texas Probate Attorney
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