How to Probate an Estate in Harris County, Texas: A Complete Executor's Guide

If you’ve been named executor of an estate in Harris County, Texas, you’re likely facing a mix of grief and uncertainty. Between managing your own emotions and suddenly being responsible for settling someone’s financial affairs, it’s natural to feel overwhelmed.

Here’s the good news: Harris County has one of the most organized probate court systems in Texas, with five dedicated courts handling nothing but probate matters. That specialization means the process tends to move more efficiently than in many other Texas counties.

This guide walks you through every step of probating an estate in Harris County. You’ll learn which type of probate fits your situation, exactly what documents you need, where to file, what it costs, and how long to expect the process to take. By the end, you’ll have a clear roadmap for fulfilling your executor responsibilities.

Understanding Harris County’s Probate Court System

Harris County stands apart from most Texas counties when it comes to probate. While other counties handle estate matters through general county courts, Harris County operates five statutory probate courts. These are among only 24 such specialized courts in the entire state.

This matters for you as an executor because these courts focus exclusively on probate, guardianships, and related matters. The judges and staff have deep expertise in estate settlement, which often translates to more predictable timelines and clearer guidance.

Court Locations

Probate Courts 1-4 Harris County Civil Courthouse 201 Caroline Street, 6th and 7th Floors Houston, TX 77002

Probate Court 5 1115 Congress Street, 5th Floor Houston, TX 77002

Probate Clerk’s Office 201 Caroline Street, Suite 800 Houston, TX 77002 Phone: (713) 274-8585 Hours: Monday-Friday, 8:00 AM - 4:30 PM

What the Clerk Can and Cannot Help With

The Harris County Clerk’s office can help you file documents, locate records, and answer procedural questions. They cannot provide legal advice. If you ask questions like “Which type of probate should I choose?” or “Do I need an attorney?”, they’re legally prohibited from answering.

For legal research and self-help resources, the Harris County Law Library at 1019 Congress Street offers probate guides, forms, and research assistance.

Do You Need to Go Through Probate?

Not every asset requires probate. Before diving into the process, determine whether probate is actually necessary for the estate you’re handling.

Assets That Typically Require Probate

Real estate titled solely in the deceased’s name
Bank accounts without a payable-on-death (POD) designation
Investment accounts without a transfer-on-death (TOD) beneficiary
Vehicles titled solely in the deceased’s name
Personal property of significant value

Assets That Usually Bypass Probate

Jointly owned property with right of survivorship
Accounts with named beneficiaries (life insurance, retirement accounts, POD bank accounts)
Assets held in a living trust
Community property with right of survivorship (in Texas)

If most assets pass outside probate through beneficiary designations or joint ownership, you may not need full probate administration. However, if there’s real estate or significant assets titled only in the deceased’s name, probate will likely be necessary.

The 4 Types of Probate in Harris County

Texas offers several probate paths, each suited to different estate situations. Choosing the right one saves time and money.

Independent Administration (Most Common)

About 80% of Texas estates use independent administration. This approach gives you significant freedom to manage estate matters without court supervision for every decision.

Who qualifies:

The will specifically authorizes independent administration, OR
All heirs agree to it in writing (even without a will)

Benefits:

Minimal court oversight after initial appointment
No need for court approval on most decisions
Faster and less expensive than dependent administration
Can be completed without formally closing with the court

Timeline: 6-12 months for most estates

Independent administration is the default choice for most Harris County estates with a valid will. The will must either name you as “independent executor” or include language authorizing administration without court supervision.

Dependent Administration

With dependent administration, the court supervises every significant action you take as executor. This path is typically required when there’s no will, the will doesn’t authorize independent administration, or there’s a dispute among heirs.

When it’s required:

The will mandates court supervision
Beneficiaries or creditors contest the estate
The court determines supervision is necessary to protect interests

What to expect:

Court approval required for asset sales, debt payments, and distributions
Regular accountings must be filed with the court
Higher attorney fees due to increased court involvement
Formal closing process required

Timeline: 12-24 months or longer

Muniment of Title (Fastest Option)

Muniment of title is Texas’s simplified probate option for estates that meet specific criteria. The court validates the will and orders it recorded, allowing beneficiaries to transfer assets directly without full administration.

Eligibility requirements:

Valid will exists
No unpaid debts (except debts secured by real estate liens, like a mortgage)
No need for ongoing estate administration

Benefits:

Can be completed in 30-90 days
No executor formally appointed
Minimal court involvement
Lower costs than full administration

Limitations:

Cannot be used if the estate has unpaid debts
Some financial institutions may not accept muniment orders
Within 180 days, you must file an affidavit detailing which will terms have been fulfilled

Muniment of title works well for smaller, debt-free estates where the primary goal is transferring real estate or titled property to beneficiaries.

Small Estate Affidavit

For estates with minimal assets, Texas allows heirs to collect and distribute property without formal probate through a small estate affidavit.

Eligibility:

Total estate value under $75,000 (excluding homestead and exempt property)
30 days have passed since the death
No will has been filed for probate (or no petition for administration is pending)
Estate debts don’t exceed the estate’s value

How it works: All heirs sign a sworn affidavit listing the assets and how they should be distributed. Once approved by the court, this affidavit can be presented to banks and other institutions to claim assets.

Timeline: 45-90 days

Quick Comparison: Which Probate Type Is Right for You?

Situation	Recommended Type	Timeline
Will exists, authorizes independent executor, debts present	Independent Administration	6-12 months
Will exists, no debts except mortgage	Muniment of Title	30-90 days
No will, all heirs agree	Independent Administration (by agreement)	6-12 months
Estate under $75,000, no will	Small Estate Affidavit	45-90 days
Contested estate or court supervision needed	Dependent Administration	12-24+ months

Step-by-Step: Probating a Will in Harris County

With the right preparation, the probate process follows a predictable path. Here’s what to do at each stage.

Step 1: Gather Essential Documents

Before you can file anything, you’ll need to collect key documents. Start this process immediately.

Required documents:

Original will (copies alone won’t work for filing)
Certified death certificates (order 10-15 copies)
Your photo ID
Proof of the deceased’s residence (utility bills, tax records, driver’s license)

Helpful documents to gather:

Bank and investment account statements
Insurance policies
Real estate deeds
Vehicle titles
Recent tax returns
Pension and retirement account information

Organizing these documents early saves significant time later. Many executors struggle to track down accounts and assets scattered across multiple institutions. Taking time now to create a complete picture of the estate will streamline everything that follows.

Step 2: Determine If the Will Is Valid

For a will to be valid in Texas, it must meet these requirements:

In writing (handwritten or typed)
Signed by the testator (the person who made the will)
Witnessed by two credible witnesses who were at least 14 years old and signed in the testator’s presence

Self-proved wills include a notarized affidavit from the testator and witnesses. These wills are easier to probate because no witness testimony is needed at the hearing.

Non-self-proved wills require additional steps. You’ll need either witness testimony at the hearing or a witness affidavit if the witnesses can’t appear.

Missing original will? If you can’t find the original but have a copy, Texas allows probate of a lost will under certain conditions. You’ll need to prove the will existed and wasn’t revoked. This requires additional evidence and is more complicated than standard probate.

Step 3: Choose the Right Probate Type

Based on the estate’s situation, select the appropriate probate path:

Estate has debts and a will naming you as independent executor? Independent administration
Estate is debt-free (except mortgage) with a valid will? Muniment of title
Estate under $75,000 with no will? Small estate affidavit
Estate contested or requires supervision? Dependent administration

When in doubt, consult a probate attorney. The wrong choice can add months and significant expense to the process.

Step 4: File the Application with Harris County Probate Court

You’re ready to file. In Harris County, the application goes to the County Clerk’s Probate Department.

Filing fee: $360 for most new estate cases

E-filing requirements:

Attorneys must e-file through EFileTexas.gov
Self-represented individuals (pro se) may e-file but aren’t required to
Important: If you e-file, the original will must still be delivered in person to the County Clerk within 3 business days

Where to file: Harris County Civil Courthouse 201 Caroline Street, Suite 800 Houston, TX 77002

What goes in the application:

Deceased’s name, date of death, and last residence
Your name, address, and relationship to the deceased
Names and addresses of heirs and beneficiaries
Description of estate assets (general)
Statement of which probate type you’re requesting
The original will (attached)

The clerk will assign your case to one of the five probate courts. Cases are distributed by rotation, so you don’t choose which court hears your case.

Step 5: Wait for the Posting Period

After filing, the clerk posts public notice of your application. This two-week posting period allows anyone with an interest in the estate (potential heirs, creditors) to be informed and raise objections.

During this waiting period:

No hearing can be scheduled until the posting period ends
Use this time to continue gathering asset information
Notify beneficiaries that probate has been filed

If someone contests the will or your appointment, the process becomes more complicated. You’ll likely need an attorney to navigate a contested proceeding.

Step 6: Attend the Probate Hearing

After the posting period, the court schedules a hearing. For uncontested matters, these hearings are brief, often lasting 10-15 minutes.

What to bring:

Your photo ID
The original will (if not already filed)
Certified death certificate
Any witness affidavits (for non-self-proved wills)

What happens at the hearing: The judge verifies the will is valid, confirms you’re qualified to serve as executor, and formally appoints you. You’ll take an oath to faithfully perform your duties.

Remote hearings: Harris County probate courts now offer Zoom hearings for many matters. Check with your assigned court about virtual hearing availability.

Step 7: Receive Letters Testamentary

After the hearing, the court issues Letters Testamentary (or Letters of Administration if there’s no will). This document is your legal authority to act on behalf of the estate.

How many copies to get: Request at least 10-15 certified copies at $2 each. Banks, investment firms, and title companies will each need their own copy.

Important timing note: Most financial institutions require Letters Testamentary issued within the past 60 days. If you need to present them to a bank 6 months after your appointment, you’ll need to obtain fresh copies from the clerk.

With Letters Testamentary in hand, you can open an estate bank account, access the deceased’s accounts, and begin managing estate assets.

Step 8: File the Inventory (Within 90 Days)

As an independent executor in Texas, you must file an Inventory, Appraisement, and List of Claims within 90 days of your appointment. This document lists all estate assets and their values, plus any claims against the estate.

What to include:

All real property with fair market value
All personal property (vehicles, bank accounts, investments, valuables)
Debts owed to the estate
Known claims against the estate

Appraisal requirements: You may need professional appraisals for real estate, jewelry, art, or other items without clear market values.

Affidavit in lieu of inventory: If all beneficiaries agree and there’s no administration pending, you may be able to file an affidavit in lieu of inventory, which keeps asset details private from public records. Discuss this option with your attorney.

Step 9: Notify Creditors and Settle Debts

Texas requires executors to notify creditors so they have an opportunity to make claims against the estate.

Publication requirement: Publish a notice to creditors in a newspaper of general circulation in Harris County within one month of receiving Letters Testamentary. This puts unknown creditors on notice.

Direct notice: Send written notice to all known creditors. This includes credit card companies, medical providers, mortgage companies, and anyone else the deceased owed money.

Creditor claim period: Secured creditors have 4 months to file claims after receiving notice. Unsecured creditors generally have the same period.

Order of payment: Texas law specifies the order in which debts must be paid:

Funeral expenses and last illness costs
Administration expenses (court fees, attorney fees)
Secured claims
Child support and alimony
Taxes
Other claims

Do not distribute assets to beneficiaries until all legitimate debts are paid. Distributing too early can make you personally liable for unpaid estate debts.

Step 10: Distribute Assets to Beneficiaries

Once debts are settled, you can distribute remaining assets according to the will’s instructions.

Before distributing:

Verify all debts, taxes, and expenses are paid
Obtain receipts or releases from beneficiaries
Consider holding back reserves for unexpected claims or final taxes
Document every distribution

Keeping beneficiaries informed: Throughout this process, beneficiaries will have questions. Proactive communication prevents misunderstandings and reduces the chance of disputes. Even a simple monthly update letting people know where things stand goes a long way toward maintaining family harmony.

Step 11: Close the Estate

For independent administration in Texas, you’re not required to formally close the estate with the court. However, you have options:

Do nothing: Once duties are complete and a reasonable time has passed, the estate is effectively closed
File a closing affidavit: Documents that all duties have been completed
File a final account: Provides a detailed accounting of all transactions

For dependent administration, you must file a final account and get court approval before closing.

Once closed, retain estate records for at least 5 years. Beneficiaries or tax authorities may have questions, and good records protect you.

How Long Does Probate Take in Harris County?

Timeline depends heavily on which probate type applies and whether any complications arise.

Probate Type	Typical Timeline	Factors That Add Time
Muniment of Title	30-90 days	Non-self-proved will, title issues
Small Estate Affidavit	45-90 days	Disagreements among heirs
Independent Administration	6-12 months	Many assets, creditor claims, tax issues
Dependent Administration	12-24+ months	Contested matters, complex assets, litigation

Factors that speed things up:

Self-proved will with clear language
Organized documentation from the start
Cooperative beneficiaries
No significant debts or creditor claims
Professional help navigating paperwork

Factors that slow things down:

Missing or contested will
Difficulty locating assets
Disputes among beneficiaries
Complex real estate or business interests
IRS estate tax requirements
Litigation

Harris County Probate Costs and Fees

Budget for these typical expenses when probating an estate in Harris County:

Court Fees

Initial filing fee: $360
Certified copies of Letters Testamentary: $2 each (get 10-15)
Certified copies of other documents: $2 each
Additional motions or filings: Varies

Attorney Fees

Most Harris County probate attorneys charge one of three ways:

Flat fee: $1,500-5,000 for straightforward independent administration
Hourly rate: $200-400/hour (typical range)
Percentage of estate: Less common, usually 2-5% of estate value

Complex or contested estates cost significantly more. Get quotes from multiple attorneys and understand exactly what’s included.

Other Costs

Death certificates: $20-25 each (order 10-15)
Newspaper publication: $100-300
Appraisals: $200-500+ per asset (real estate, jewelry, collectibles)
Accounting/tax preparation: $500-2,000+
Surety bond: Required for some executors, varies by estate size

Executor Compensation

Texas law allows executors to receive reasonable compensation for their work. The Texas Estates Code caps this at 5% of the gross fair market value of estate assets (excluding cash in bank accounts and certain other assets). The court can adjust this amount based on circumstances.

You don’t have to accept compensation, and many family member executors choose not to. If you do take a fee, it’s taxable income.

Common Mistakes to Avoid in Harris County Probate

These errors create delays, expense, or legal liability. Avoid them:

1. Missing the 4-Year Filing Deadline

Texas requires wills to be filed for probate within 4 years of death. Miss this deadline, and the estate may be treated as if there was no will, regardless of what the will says. If you’re approaching this deadline, file immediately.

2. Distributing Assets Before Paying Creditors

Eager beneficiaries may pressure you to distribute quickly. Don’t do it. If you distribute assets and the estate can’t pay its debts, you can be held personally liable. Pay debts first, always.

3. Failing to File Inventory Within 90 Days

The 90-day inventory deadline matters. Missing it can result in court intervention and questions about your fitness to serve. If you need more time, request an extension before the deadline passes.

4. Not Getting Enough Certified Copies

Each institution needs its own certified copy of Letters Testamentary. Running back to the courthouse repeatedly wastes time. Order 10-15 copies upfront.

5. E-Filing Errors

If you e-file the probate application, you must still deliver the original will in person within 3 business days. Forgetting this step can delay your case.

6. Showing Favoritism to Beneficiaries

Executors have a fiduciary duty to treat all beneficiaries fairly. Distributing to some before others, giving preferential treatment, or making deals on the side can result in your removal and personal liability.

7. Failing to Keep Beneficiaries Informed

Silence breeds suspicion. Beneficiaries who feel kept in the dark are more likely to hire attorneys, file complaints, or contest your decisions. Regular, transparent communication prevents most disputes before they start.

Do You Need a Lawyer for Harris County Probate?

Texas allows executors to represent themselves (pro se) in probate court. However, there’s an important distinction: when you serve as executor, you represent not just yourself but also the interests of beneficiaries and creditors.

The practical reality: Most executors in Harris County use attorneys. The Texas Estates Code is detailed and technical. Mistakes can create personal liability. Court filings must meet specific requirements. For most people, the cost of an attorney is worthwhile insurance against errors.

When you might handle it yourself:

Muniment of title where you’re the sole beneficiary
Very small, simple estates
You have legal training or experience

When you definitely need an attorney:

Any contested matter
Complex assets (businesses, out-of-state property, significant investments)
Multiple beneficiaries with potential conflicts
Estate tax liability (federal estate tax applies to estates over $13.61 million in 2024)
Any situation where you’re unsure

If you’re proceeding without an attorney, the Harris County Law Library offers self-help resources and research assistance.

Tips for Out-of-State Executors

Many Harris County estates have executors who live elsewhere. Managing probate remotely adds complexity, but it’s entirely possible.

Remote Hearing Options

Harris County probate courts now offer Zoom hearings for many routine matters. Contact your assigned court to confirm availability and technical requirements.

Document Organization

Remote executors need excellent document systems. You’ll be coordinating with local attorneys, appraisers, and real estate agents without being able to stop by the house to check a filing cabinet.

Consider using a secure document management system that lets you:

Store all estate documents in one accessible location
Track which accounts have been addressed
Share information with attorneys and beneficiaries as needed
Keep a clear record of your actions as executor

Local Help

You may need local assistance for:

Securing and maintaining the property
Meeting appraisers or repair contractors
Picking up mail and managing household matters
Attending in-person hearings if required

A trusted family member, friend, or professional property manager can handle these tasks on your behalf.

Stay Organized

Out-of-state executors who struggle often do so because of disorganization. Track your deadlines, maintain clear records, and communicate proactively with everyone involved. A systematic approach makes remote management much more manageable.

Frequently Asked Questions

How long does probate take in Harris County, Texas?

Most independent administrations complete in 6-12 months. Muniment of title can finish in 30-90 days for qualifying estates. Contested or complex estates may take 12-24 months or longer.

How much does it cost to probate a will in Harris County?

The court filing fee is $360. Total costs including attorney fees typically range from $2,000-5,000 for straightforward estates, potentially much more for complex situations.

What happens if you don’t probate a will in Texas within 4 years?

The will may be treated as if it doesn’t exist. The estate would then pass according to Texas intestate succession laws, which may not match the deceased’s wishes.

What is the difference between independent and dependent administration?

Independent administration allows the executor to manage the estate with minimal court oversight. Dependent administration requires court approval for most decisions. Independent administration is faster and less expensive.

Can I use a small estate affidavit in Harris County?

Yes, if the estate value is under $75,000 (excluding homestead), at least 30 days have passed since death, and no will has been filed for probate.

What is muniment of title in Texas?

Muniment of title is a simplified probate process for estates with a valid will and no unpaid debts (except mortgage). The court validates the will, allowing direct asset transfer without full administration.

Do I need an attorney for probate in Harris County?

It’s not legally required, but most executors use attorneys due to the complexity of Texas probate law. Self-representation is more feasible for simple muniment of title cases.

How do I get Letters Testamentary in Harris County?

File an application for probate with the County Clerk, attend the probate hearing, and the court will issue Letters Testamentary after appointing you as executor.

Key Takeaways

Probating an estate in Harris County follows a clear process:

Determine your probate type before filing. Most estates use independent administration, but muniment of title offers a faster path for debt-free estates.
File within 4 years of death, or the will may be disregarded.
Budget $360 for the initial filing fee, plus attorney fees and other costs.
Expect 6-12 months for independent administration, faster for muniment of title.
File inventory within 90 days of your appointment.
Pay debts before distributing to beneficiaries to avoid personal liability.
Communicate proactively with beneficiaries to prevent disputes.

Your Next Steps

Gather the original will, death certificates, and asset documentation
Determine which probate type fits your situation
Decide whether to hire an attorney or proceed pro se
File your application with Harris County Probate Court
Follow the step-by-step process outlined in this guide