Overview
Fort Bend County is located southwest of Houston and is one of the most diverse and fastest-growing counties in Texas. The county seat is Richmond, and the county encompasses the cities of Sugar Land, Missouri City, and Rosenberg. Fort Bend County handles probate cases through its County Courts at Law, as it does not have a dedicated statutory probate court.
Independent administration is the most common probate method in Fort Bend County. After appointment, the executor manages and distributes the estate with minimal court oversight. Dependent administration provides court-supervised management when needed. Muniment of title is available for estates with a valid will and no unpaid unsecured debts.
Texas is a community property state — a surviving spouse automatically owns half of all community property. The state has no income tax and no estate or inheritance tax.
For intestate estates with personal property valued at $75,000 or less (excluding homestead and exempt property), a small estate affidavit may be used instead of formal probate. Fort Bend County requires that all small estate affidavits follow the format established by the Board of County Courts at Law Judges.
This guide provides general informational context about the probate process in Fort Bend County and is not intended as legal advice.
Courthouse Information
Fort Bend County Probate Courts
Fort Bend County handles probate cases through the County Courts at Law. Probate matters are typically heard by County Court at Law No. 3 and County Court at Law No. 5.
Primary Location: 1422 Eugene Heimann Circle, Suite #11005, Richmond, TX 77469
Probate Auditor: Benny Charles — Phone: (281) 344-3912
County Clerk's Office: 301 Jackson Street, Suite 101, Richmond, TX 77469 — Phone: (281) 341-8665
Hours: Monday through Friday, 8:00 AM to 5:00 PM (open during lunch)
For questions about fees, filings, and filing status, contact the County Clerk's Office at (281) 341-8665 or email cclerkcourts@fortbendcountytx.gov.
For more information, visit Fort Bend County Probate Information.
Filing Process
How to File for Probate in Fort Bend County
Step 1: Determine the Probate Method
- Independent Administration: Executor manages the estate independently after appointment.
- Dependent Administration: Court-supervised process when required.
- Muniment of Title: Simplified process for wills with no unpaid unsecured debts.
- Small Estate Affidavit: For intestate estates with personal property under $75,000 (must use the format established by the Board of County Courts at Law Judges).
- Determination of Heirship: For estates where the decedent died without a will.
Step 2: File Electronically
Probate filings should be submitted through eFileTexas.gov. A Civil Case Information Filing Sheet is required when opening any probate or guardianship case. The original will must be filed with the County Clerk separately.
Step 3: Provide Required Notices
- Citation posted at the courthouse for at least 10 days.
- Citation by publication for heirship proceedings.
Step 4: Attend the Probate Hearing
Contact the Probate Auditor at (281) 344-3912 to set hearings.
Step 5: Publish Notice to Creditors
Within 30 days of appointment, publish notice to creditors in a newspaper of general circulation in Fort Bend County.
Step 6: File Inventory and Complete Administration
File the inventory within 90 days. Complete distribution and file a closing affidavit or report.
Local Requirements
Fort Bend County Probate Local Requirements
- E-filing is available through eFileTexas.gov and is mandatory for attorneys.
- A Civil Case Information Filing Sheet is required when opening any new probate or guardianship case.
- Fort Bend County maintains local rules for probate cases under Rule 7, which addresses probate courts, sessions, and procedures.
- Small estate affidavits must follow the format established by the Board of County Courts at Law Judges. Download the form from the Fort Bend County Probate Forms page.
- Probate cases are heard by the County Courts at Law, not a dedicated statutory probate court.
- The Fort Bend Herald and Sugar Land Sun are commonly used newspapers for probate publication notices.
- To set a hearing, contact the Probate Auditor Benny Charles at (281) 344-3912.
- For filing and fee questions, contact the County Clerk's Office at (281) 341-8665.
Timeline & Fees
Filing Fees
Fort Bend County probate filing fees (approximate):
- New Probate Application: Approximately $360
- Subsequent Filings: Varies by type
Verify current fees at the Fort Bend County Clerk's Fee Page or by calling (281) 341-8665.
Typical Timelines
- Muniment of Title: Approximately 30 to 60 days for uncontested cases.
- Independent Administration (simple estate): Approximately 6 to 9 months, including the four-month creditor claim period.
- Dependent Administration or Contested Cases: 12 to 24+ months, depending on complexity.
These are general estimates. Contact the Probate Auditor at (281) 344-3912 for current scheduling information.
Local Resources
Helpful Resources for Fort Bend County Probate
- Fort Bend County Probate — Court at Law No. 3 — Court information
- Fort Bend County Probate Forms & Information — Downloadable forms
- Fort Bend County Clerk — Fees — Fee schedules
- Fort Bend County Clerk — Contact Us — Office locations and contact
- Fort Bend County Courts — General court information
- eFileTexas.gov — Electronic filing portal
This guide is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.