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.
What to Do When Someone Dies in Waller County, Texas
How probate works in Waller County: the County Court and County Court at Law record, what the process costs, and how to file there.
Probate Court Record
Waller County Court and County Court at Law
Waller County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
836 Austin Street, Suite 1200, Hempstead, TX 77445
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Attorney of record required
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.
Filing in person
Walk-ins acceptedProbate fees can be paid by mail or in person at the County Clerk's office.
Accepted payment
- At the counterDebit card, Credit card, Cash, Money order, Check.The clerk takes debit or credit cards, cash, money orders and cashier's checks for probate fees.
Fax
1-979-826-7771
Departments
- County Clerk Annex (Brookshire)1-281-375-5233 ext. 3 · 32225 US Highway 90 Business, Brookshire, TX 77423The County Clerk's second office takes visitors but no mail.
About the court
- Probate cases are filed with the County Clerk at the courthouse in Hempstead. The probate page lists letters testamentary, muniment of title, administration, heirship, guardianship and small estate affidavit filings.
Verified October 16, 2026 · Source
How Probate Works in Waller 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 Waller County, probate runs through the County Court and County Court at Law at 836 Austin Street, Suite 1200, Hempstead.
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 Waller County
What probate costs in Waller 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 and County Court at Law at 836 Austin Street, Suite 1200, Hempstead.
Procedures at this court that affect cost: An application for letters testamentary, muniment of title or administration costs a $360 base filing fee plus $60 for posted citation service.
The County Court and County Court at Law 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 County Court and County Court at Law
Probate cases in Waller County, Texas are filed at the County Court and County Court at Law.
Beside the filing office, the court lists a separate line for County Clerk Annex (Brookshire).
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 Waller County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the County Court and County Court at Law: 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 Justice of the Peace in Waller County
In Texas a death is registered locally, and in Waller County certified copies of the death certificate are issued by County Clerk, Waller County as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
County Clerk
Waller County · County Clerk
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
836 Austin Street, Suite 1200, Hempstead, TX 77445
Website
Local rule
- A death certificate is issued only where the death occurred within Waller County. The office takes no email request.
Burial and cremation permits
- Issued byCounty Clerk, Waller County
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
Justice of the Peace
Waller County · Justices of the Peace
Website
Serves this county
The justice of the peace of the precinct where the death occurred
Cremation authorization
Signed by this office
Verified November 2, 2026 · Source
Transferring Property in Waller 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 Waller County are recorded with the County Clerk at 836 Austin Street, Suite 1200, Hempstead, TX 77445. Phone: 1-979-826-7711. Hours: Monday-Friday 8:00 AM-4:30 PM.
The County Clerk charges $15 for the first page plus $4 for each additional page.
Waller County accepts electronic recording through CSC and Simplifile.
Recording Office Record
County Clerk
Waller County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
836 Austin Street, Suite 1200, Hempstead, TX 77445
Website
E-recording
Fees
Recording fees
| Base fee (first page) | $15 |
| 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), § 118.0216; Waller County Clerk 2024 fee schedule
Verified October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Waller 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 Waller County firm to quote a structure up front.
A probate attorney files the petition with the County Court and County Court at Law, 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 Fort Bend and Harris counties from Katy, with a second office in Tomball. Attorneys Christy Theander and Amanda Grimes handle dependent and independent probate administrations and heirship proceedings, guardianships, and Medicaid and long-term care planning, alongside wills, trusts, and powers of attorney.
Boutique estate-law firm whose Dallas office sits downtown on Main Street, with Houston and Austin offices and fourteen attorneys. Handles probate administration, fiduciary services, contested guardianships, and estate, trust, and guardianship litigation, and says it has worked in 112 of Texas' 254 counties. Free consultation.
Estate planning and probate firm based in Cedar Park with six more offices across Austin, Round Rock, Bellaire, and Arlington. Handles probate administration and avoidance, muniment of title, small estate affidavits, trust administration, guardianship, will contests, and breach of fiduciary duty claims. Eight attorneys split between planning and probate teams.
Rockwall solo practice serving Rockwall, Dallas, Kaufman, and Collin counties, and Texas statewide since 1994. Michael Cramer drafts wills, revocable living trusts, and special needs trusts, handles trust administration, and litigates will and trust contests. Services are offered in English and Spanish, and the initial case evaluation is complimentary.
Beaumont-headquartered Texas firm whose estate group serves Jefferson, Orange, and Hardin counties from its home office. Principals Christopher D. Leavins and Gary W. Coker advise executors, trustees, and beneficiaries on settling estates and managing trusts, handle guardianships, and litigate will contests and trust disputes. Offices in five Texas cities.
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), § 118.0216; Waller County Clerk 2024 fee schedule
- Waller County Court and County Court at Law, official page
- Waller County Clerk, official page
- Waller 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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