To probate a will in Fort Bend County you file an application with the county courts at law in Richmond, the county seat. The clerk posts notice for ten days, a hearing is held to prove the will and appoint the executor, and Letters Testamentary are issued the same day.
Which court, and where
Unlike Harris County, Fort Bend has no separate statutory probate courts. Probate jurisdiction sits with the county courts at law, and probate business is centered at the Fort Bend County Justice Center at 1422 Eugene Heimann Circle in Richmond, where the County Clerk's courts division handles filings.
In recent practice the probate docket has been concentrated in one of those courts, with different days set for different matter types — simpler matters such as Letters Testamentary and muniments on one day, administrations and heirships on another. Assignments and docket days change, so we confirm current practice before filing rather than relying on last year's schedule.
Venue depends on where the decedent lived. Sugar Land, Missouri City, Katy south of the county line, Rosenberg, Richmond, Needville and Fulshear are generally Fort Bend matters, even where the family lives in Houston.
What gets filed
- An application to probate the will and for issuance of Letters Testamentary, identifying the decedent, the applicant, the will and the beneficiaries.
- The original will. Not a copy — the original, with the original signatures.
- A certified death certificate.
- The filing fee, typically $350 to $500 depending on what is being filed. When we handle the case this is paid by our firm as part of the flat fee.
Once filed, the clerk posts a notice at the courthouse. The hearing cannot occur until that notice has been posted for ten days, which is a floor rather than a schedule — the actual date depends on the court's docket.
The hearing
The hearing is short; most last under ten minutes. The applicant appears, is sworn, and answers standard questions establishing that the decedent died, that venue is proper, that the will is the last will, that four years have not passed since the death (or that the applicant was not in default for the delay), and that the applicant is not disqualified.
If the will is self-proved — signed with a notarized self-proving affidavit — no witnesses need to be located. Most Texas wills drafted by an attorney are self-proved. If it is not, a witness to the signing must testify, which can be difficult years later.
We run a practice session before every hearing. Ask during your consultation whether your court is currently hearing these matters by video; practice varies by judge and changes over time.
After the hearing
The judge signs an order admitting the will, the executor signs the oath, and the clerk issues Letters Testamentary. Those Letters are the document that unlocks everything — banks, title companies and the DMV all want a certified copy, usually one issued recently.
From there the executor must publish notice to creditors within one month, give written notice to secured creditors within two months, notify the beneficiaries named in the will, and file an inventory or an affidavit in lieu of inventory within 90 days.
Common questions
Does Fort Bend County have a probate court?
Katy addresses cross county lines. How do I know where to file?
Can the hearing be held by video?
This page is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every estate is different. For advice about your situation, call 713-588-5914 for a free consultation.
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