To probate a will in Harris County you file an application with one of the county's four statutory probate courts in the county where the decedent lived. 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
Harris County is one of the few Texas counties with judges who hear nothing but probate, guardianship and mental health matters. The four statutory probate courts sit at the civil courthouse in downtown Houston at 201 Caroline Street. Cases are assigned among them when filed.
Venue is based on where the decedent lived, not where they died or where the property sits. Someone who lived in Katy or Spring and died at a Houston hospital is a Harris County case. Someone who lived in League City is generally Galveston County, even though the family may be 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. Probating a copy is possible but is a materially harder case.
- 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, not a schedule — the actual date depends on the court's docket.
The hearing
The hearing is short. Most last under ten minutes. The executor appears, is sworn, and answers a set of 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 decades later.
We run a practice session before every hearing. Clients consistently report the real thing felt simpler than they expected. Ask during your consultation whether your court is currently hearing these matters virtually; several judges do.
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 dated within the last 60 to 90 days.
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.
Counties we also serve
The process is substantially the same across the region, though docket speed and local preferences differ. We handle probate in Harris, Galveston, Fort Bend, Brazoria, Montgomery and Polk counties, with offices in west Houston, downtown Houston and League City.
Common questions
Do I have to appear in person in Harris County?
What if the original will cannot be found?
How quickly can we get a hearing date?
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.
Questions about your situation?
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