What is independent administration in Texas?

Independent administration is the most common form of probate in Texas. After the court appoints the executor, they can manage and distribute estate assets with minimal court oversight. The will typically must authorize independent administration, or all beneficiaries can agree to it.

What is muniment of title and can I use it in Harris County?

Muniment of title is a simplified probate process available when there is a valid will and the estate has no unpaid unsecured debts (secured debts like mortgages are allowed). The court admits the will to probate without appointing an executor. This process can often be completed in 30 to 60 days and is available in all Harris County Probate Courts.

Do I need an attorney for probate in Harris County?

Texas law does not strictly require an attorney for all probate matters, but the process involves legal filings and court appearances. Attorney representation is generally required for dependent administrations and contested matters. Given the complexity of Harris County's probate system, consulting a licensed attorney is recommended.

How much does probate cost in Harris County?

Court filing fees range from approximately $298 for probate of a will to $377 for heirship or administration cases. Additional costs may include newspaper publication fees ($100 to $250), attorney fees, and bond premiums if required. Total costs vary based on estate complexity.

Is e-filing required for Harris County probate cases?

Yes, electronic filing through eFileTexas.gov is mandatory for attorneys. Self-represented individuals are encouraged to e-file but may also file in person at the County Clerk's Probate Division. Original wills must be submitted to the clerk within three days of e-filing.

Harris County Probate Guide: Courts, Fees & Process (2026)

Q: How many probate courts does Harris County have?

Harris County has four statutory probate courts, each with its own elected judge. Cases are randomly assigned to one of the four courts when filed. All courts are located at 201 Caroline Street, 8th Floor, Houston, TX 77002.

Q: What is the small estate affidavit threshold in Texas?

Texas allows a small estate affidavit for intestate estates (no will) where the total personal property is valued at $75,000 or less, excluding homestead and exempt property. This process does not apply to real property and requires all distributees to sign the affidavit.

Overview

Harris County is the most populous county in Texas, encompassing the city of Houston and surrounding communities. The county operates four statutory probate courts, each presided over by an elected judge, making it one of the few Texas counties with dedicated probate courts handling only estate, guardianship, and mental health matters.

Texas offers several paths to transfer assets after a loved one passes away. Independent administration is the most common form of probate in Harris County and requires minimal court oversight after the executor is appointed. Dependent administration involves closer court supervision and is used when the will does not authorize independent administration or when there is no will and the heirs cannot agree. Harris County also allows muniment of title, a simplified process for estates with a valid will and no unpaid unsecured debts — this option can often be completed in a single hearing.

As a community property state, Texas recognizes that a surviving spouse already owns one-half of community property outright, which can simplify estate distribution. Texas has no state income tax and no state estate or inheritance tax, meaning only the federal estate tax may apply to very large estates.

For smaller estates, Texas law permits a small estate affidavit for personal property valued at $75,000 or less (excluding homestead and exempt property), provided there is no will and no need for administration. This informational guide covers the key steps, fees, and resources for navigating probate in Harris County.

Courthouse Information

Harris County Probate Courts

Harris County has four statutory probate courts located at the Harris County Civil Courthouse:

Probate Court No. 1 — Judge Jerry Simoneaux, Phone: (832) 927-1401
Probate Court No. 2 — Judge Mike Rosen, Phone: (832) 927-1402
Probate Court No. 3 — Judge Jason Cox, Phone: (832) 927-1403
Probate Court No. 4 — Judge James Horwitz, Phone: (832) 927-1404

Address: 201 Caroline Street, 8th Floor, Houston, TX 77002

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The County Clerk's Probate Division handles case filings and can be reached at the Harris County Clerk's office. Cases are randomly assigned to one of the four courts upon filing.

Parking and Access

The courthouse is located in downtown Houston. Paid parking is available in nearby garages. The building is accessible by METRORail (Preston/Main Street Station) and METROBus routes.

For more information, visit the Harris County Probate Courts website.

Filing Process

How to File for Probate in Harris County

Step 1: Determine the Appropriate Probate Procedure

Independent Administration (with will): Most common; executor acts with minimal court oversight after appointment.
Dependent Administration: Court-supervised; required when the will doesn't authorize independent administration, or when heirs disagree.
Muniment of Title: Simplified process for wills with no unpaid unsecured debts. Often resolved in one hearing.
Small Estate Affidavit: For intestate estates with personal property under $75,000.
Determination of Heirship: Required when someone dies without a will and a court order is needed to identify legal heirs.

Step 2: File the Application

All probate filings in Harris County must be submitted electronically through eFileTexas.gov. The original will (if applicable) must be filed with the County Clerk's office within three days of e-filing the application.

Step 3: Provide Notice

Post citation at the courthouse for at least 10 days before the hearing.
For heirship proceedings, citation by publication in a newspaper of general circulation is required.

Step 4: Attend the Court Hearing

The court will schedule a hearing, typically 2 to 4 weeks after filing. At the hearing, the judge validates the will and appoints the executor or administrator.

Step 5: Publish Notice to Creditors

Within 30 days of appointment, the executor must publish a notice to creditors in a newspaper of general circulation in Harris County. Creditors then have four months to file claims.

Step 6: File Inventory and Complete Administration

The inventory, appraisement, and list of claims must be filed within 90 days of the executor's appointment.

Local Requirements

Harris County Probate Local Requirements

E-filing is mandatory for attorneys filing in Harris County Probate Courts. Self-represented filers may also e-file through eFileTexas.gov.
Original wills must be filed with the County Clerk's Probate Division in person or by mail after e-filing the application.
Each probate court maintains its own standing orders and local procedures. Review the specific court's rules after your case is assigned.
Attorney representation is generally required for dependent administrations and contested proceedings.
Harris County Probate Courts offer downloadable forms on each court's page at probate.harriscountytx.gov.
The Harris County Law Library provides self-help resources and forms at harriscountylawlibrary.org.
Notice to creditors must be published in a newspaper of general circulation in Harris County. The Daily Court Review is a commonly used publication.
For heirship determinations, an attorney ad litem will be appointed by the court to represent unknown heirs.

Timeline & Fees

Filing Fees

Harris County probate filing fees vary by case type:

Probate of a Will (Independent Administration): Approximately $298
Heirship / Administration: Approximately $377
Notice to Creditors (publication filing): Approximately $64
Citation (each issuance): Approximately $8
Letters Testamentary (each): Approximately $2

Fees are subject to change. Verify current fees with the Harris County Clerk's Probate Division.

Typical Timelines

Muniment of Title: Approximately 30 to 60 days from filing to completion for straightforward cases.
Independent Administration (simple estate): Approximately 6 to 9 months from filing to closing, including the mandatory four-month creditor claim period.
Dependent Administration or Contested Estates: 12 to 24+ months, depending on complexity, disputes, and court scheduling.

These timelines are estimates. Actual timelines depend on court caseload, completeness of filings, and whether any issues are contested.

Local Resources

Helpful Resources for Harris County Probate

Harris County Probate Courts — Court information, forms, and standing orders
Harris County Clerk — Probate Division — Filing information and fee schedules
Harris County Law Library — Self-help probate resources and form templates
eFileTexas.gov — Mandatory electronic filing portal
Daily Court Review — Newspaper of record for legal notices in Harris County
Texas Estates Code — State probate statutes
Texas Courts — Local Rules and Standing Orders — Searchable database of local court rules

This guide is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Probate in Harris County, Texas: 2026 Guide