12 Beginning Steps of Probate in Harris, Montgomery & Fort Bend County, Texas
A practical starting guide for families, heirs, executors and administrators who need to understand what happens after a loved one dies — especially when real estate is involved.
See the 12 Steps County ResourcesWhere do you start?
Probate is not one identical process in every Texas county. Court procedures, hearing requirements, forms and local practices can differ. The steps below are a general roadmap and should be checked against the current requirements of the county handling the estate.
The 12 Beginning Steps
Obtain the death certificate
Order certified copies because courts, financial institutions, title companies and other agencies may require them.
Locate the original Will and estate documents
Find the original Will, codicils, trust documents, deeds, beneficiary information, insurance records and other important papers.
Identify the proper Texas county and court
Determine where the probate proceeding should be filed. Harris, Montgomery and Fort Bend County each have their own local court procedures and resources.
Determine whether probate is needed
Review the assets, ownership, beneficiary designations and debts. Some property may pass outside probate, while other property may require a court proceeding.
Determine the type of proceeding
Depending on the circumstances, the estate may involve probate of a Will, independent or dependent administration, muniment of title, heirship proceedings, or another procedure.
Identify heirs, beneficiaries and interested parties
Make a complete list of people who may have an interest in the estate and gather current contact information.
Make a preliminary list of assets and debts
List real estate, bank accounts, vehicles, investments, personal property, mortgages, taxes, credit cards, medical bills and other obligations.
Determine who should serve as executor or administrator
The Will may nominate an executor. If there is no Will, Texas law determines who may qualify to serve as administrator.
Prepare and file the appropriate probate application
The required application and supporting documents are filed with the appropriate court and county clerk. Local filing and document requirements should be verified before filing.
Handle required notices, citations and hearing requirements
Depending on the proceeding, notice, citation, publication, waivers, ad litem appointments or other requirements may apply. Do not assume every estate follows the same timeline.
Attend the probate hearing and obtain authority
After the court approves the proceeding, the personal representative may receive Letters Testamentary or Letters of Administration, depending on the case.
Begin estate administration
Secure estate property, open the appropriate estate account, address creditor claims, identify and protect assets, prepare required inventories and begin the process of transferring or selling property when authorized.
Official County Probate Resources
Use the official county resources below to verify current filing requirements, forms, hearing procedures and court information.
Harris County Probate Courts
Harris County has statutory probate courts and publishes probate requirements, checklists, forms and court information online.
Montgomery County Probate
Montgomery County has a Probate Court and county clerk resources for probate and estate records. Court records are available through the county's Odyssey system.
Fort Bend County Probate
Fort Bend County provides probate forms and information, including requirements that can vary by County Court at Law.
Have an inherited property?
Real estate can create additional issues during probate, including title, ownership, mortgages, liens, taxes, heirship, court authority and the proper method for selling or transferring the property.
Start With the 12 StepsCONTACT JON ERCIA
