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. The County Clerk encourages self-represented filers to e-file. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.
Hearing schedule
Probate dockets Wednesday and Thursday at 9:45 and 10:30 a.m., heirships Thursday afternoon (by Zoom unless the court is told of an in-person appearance)
County forms
Request for CitationAsks the County Clerk to issue a citation in a probate case, one form for each citation.
Probate Court No. 11-936-539-7832 · Atrium Building, 210 West Davis, Suite 300 · Monday-Friday 8:00 AM-5:00 PMThe court's coordinators set hearings: oral and submission hearings are scheduled by calling the court coordinator, and a continuance needs a motion. The courtroom is on the third floor.
About the court
Probate cases are filed with the County Clerk, which is the clerk of Probate Court No. 1, the county's only statutory probate court; it hears probate, guardianship, mental health and related civil matters. The clerk's main office in Conroe offers every clerk service.
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 Montgomery County, probate runs through the Probate Court No. 1 (statutory probate court) at 210 West Davis, Conroe.
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 Montgomery County
What probate costs in Montgomery 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 No. 1 (statutory probate court) at 210 West Davis, Conroe.
Procedures at this court that affect cost: Probating a will for letters testamentary or of administration, or as a muniment of title, costs $445, which includes the citation, the in-house constable's posting fee and the judge's signature fee.
The Probate Court No. 1 (statutory probate court) charges $360Tex. 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 to open a probate case. 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 No. 1 (statutory probate court)
Probate cases in Montgomery County, Texas are filed at the Probate Court No. 1 (statutory probate court).
Beside the filing office, the court lists a separate line for Probate Court No. 1.
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.
Filed with the opening petition at the Probate Court No. 1 (statutory 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 Montgomery County
In Texas a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Vital Records, County Clerk, Montgomery County as well as by Texas Department of State Health Services - Vital Statistics Section.
The County Clerk holds death certificates for deaths in Montgomery County from 1903 on, at Conroe and the East County and South County annexes. Deaths in the parts of Kingwood inside the county come from the City of Houston.
Burial and cremation permits
Issued byVital Records, County Clerk, Montgomery 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 Montgomery County are recorded with the County Clerk at 210 West Davis Street, Conroe, TX 77301. Phone: 1-936-539-7885. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $25 for the first page plus $4 for each additional page.
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 Montgomery County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court No. 1 (statutory 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.
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 PlanningTrust AdministrationProbateTax Planningand 4 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 PlanningProbateGuardianshipBusiness Successionand 4 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 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
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.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipand 5 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.
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.
Enter the estate value to see Texas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Texas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
