To probate a will in Montgomery County you file an application with the county's probate court in Conroe, 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
Montgomery County concentrates probate, guardianship and mental health matters in a single court in Conroe, with filings administered through the County Clerk. The court's arrangement has changed in recent years as the county's caseload grew, so it is worth confirming the current court designation and location with the clerk rather than working from an older reference.
Uncontested matters are typically set on specific days of the week, which means the hearing date depends heavily on where your filing lands in that rotation. It is one of the more schedule-driven counties in the region.
Venue depends on where the decedent lived. The Woodlands, Conroe, Magnolia, Willis, Montgomery, Splendora, New Caney and Porter are generally Montgomery County matters. Parts of Spring and Tomball sit in Harris County, so the address rather than the mailing city determines where the case is filed.
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
The decedent lived in The Woodlands. Which county is that?
How long does a Montgomery County probate take?
Do you handle cases in Conroe if your office is in Houston?
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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