What to Do When Someone Dies in Montgomery County, Texas
Probate in Montgomery County runs through the Statutory Probate Court No. 1: 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 Montgomery County, settling their estate runs through the Statutory Probate Court No. 1. 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 attorneys
Statutory Probate Court No. 1 has jurisdiction over probate, guardianship, mental health and ancillary civil matters; court offices at 210 W Davis, Ste 300, Conroe 77301-2836 (per OCA 2025 county court personnel directory). County Clerk serves as clerk of the court: P.O. Box 959, Conroe, TX 77305-0959, phone 936-539-7890, fax 936-760-6990, countyclerk@mctx.org; case management on Odyssey (Tyler Technologies). County website (mctx.org) sits behind a bot challenge; contact data verified against Texas OCA directories.
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 Statutory Probate Court No. 1 at 210 W Davis, Suite 300, 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. 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 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 Statutory Probate Court No. 1 at 210 W Davis, Suite 300, Conroe.
The Statutory Probate Court No. 1 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 Statutory Probate Court No. 1 (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 Court No. 1
If you're handling probate yourself in Montgomery County, Texas, you can file at the Statutory Probate Court No. 1 in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
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 Montgomery 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 Statutory Probate Court No. 1 is realistic.
To file at the Statutory Probate Court No. 1 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 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 in Conroe, TX 77301.
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 Montgomery 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 Montgomery County firm to quote a structure up front.
A probate attorney files the petition with the Statutory Probate Court No. 1, 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 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 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 PlanningEstate AdministrationTrust AdministrationProbateand 6 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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Montgomery County Guides
Step-by-step tools for families in Montgomery County, Texas.
