What to Do When Someone Dies in Harris County, Texas
Probate in Harris County runs through the Statutory Probate Courts (5): 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 Harris County, settling their estate runs through the Statutory Probate Courts (5). 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.
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCash, Check, Money order, Credit card. Harris County Clerk: in-person filings accept cash, checks, money orders, and MasterCard/Visa/Discover/American Express. By mail: checks, money orders, and credit cards (4% surcharge); no personal checks by mail. By fax: credit cards only (4% surcharge). Checks payable to Harris County Clerk.
Departments
Probate Court No. 1832-927-1401
Probate Court No. 2832-927-1402
Probate Court No. 3832-927-1403
Probate Court No. 4832-927-1404
Probate Court No. 5832-927-1405
County Clerk Probate Department713-274-8585
Harris County has 5 statutory probate courts with exclusive jurisdiction. Main courts at 201 Caroline St. County Clerk Probate Department: (713) 274-8585. Physical filings accepted at 201 Caroline, Suite 800, Houston, TX 77002.
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 Harris County, probate runs through the Statutory Probate Courts (5) at 201 Caroline St., 6th Floor, Houston. The court sits in the Probate Courts 1, 2, 3, 4, and 5.
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 Harris County
What probate costs in Harris 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 Statutory Probate Courts (5) at 201 Caroline St., 6th Floor, Houston. The court is part of the Probate Courts 1, 2, 3, 4, and 5.
Probate matters are handled through Probate Court No. 1, Probate Court No. 2, Probate Court No. 3, and Probate Court No. 4. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Standard filing fee is $360 for most new probate matters. These are county-specific and not posted on the statewide court site.
Harris County runs a probate self-help center (Monday - Friday, 8:00 AM - 5:00 PM), 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. Call 713-755-5183.
The Statutory Probate Courts (5) charge $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 Statutory Probate Courts (5) (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 Statutory Probate Courts (5)
If you're handling probate yourself in Harris County, Texas, you can file at the Statutory Probate Courts (5) in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the Probate Courts 1, 2, 3, 4, and 5.
Filings here are routed through Probate Court No. 1, Probate Court No. 2, Probate Court No. 3, and Probate Court No. 4. 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 Harris 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 business days)
•Self-represented filers (e-filing optional)
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 Statutory Probate Courts (5) is realistic. Harris County has a self-help center that assists people filing without an attorney.
Cash, Check, Money order, Credit card. Harris County Clerk: in-person filings accept cash, checks, money orders, and MasterCard/Visa/Discover/American Express. By mail: checks, money orders, and credit cards (4% surcharge); no personal checks by mail. By fax: credit cards only (4% surcharge). Checks payable to Harris County Clerk.
What to Bring
To file at the Statutory Probate Courts (5) 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 Harris 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 Harris County are recorded with the County Clerk in Houston, TX 77002.
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 Harris 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 Harris County firm to quote a structure up front.
A probate attorney files the petition with the Statutory Probate Courts (5), 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
Serves Montgomery County and north Harris County from The Woodlands, filing in the Montgomery County courts in Conroe. Attorneys James and Mireya Dickey, both members of the State Bar Real Estate, Probate & Trust Law Section, handle probate administration, guardianship, and business succession alongside wills and trusts, with full counsel available in Spanish. Free initial consultation.
PracticesEstate PlanningEstate AdministrationProbateGuardianshipand 5 more
Office
2001 Timberloch Place, Suite 500The Woodlands, TX 77380
Conroe firm just north of The Woodlands, serving Montgomery, Harris, and Walker counties since 1972. Partners Jim Dossey and Paige Jones are both board certified in estate planning and probate law by the Texas Board of Legal Specialization, and Dossey is also a CPA board certified in tax law. Handles probate administration, heirship, small estate affidavits, and guardianship.
PracticesEstate PlanningProbateTax PlanningGuardianshipand 3 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
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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Harris County Guides
Step-by-step tools for families in Harris County, Texas.
