How Probate Works in Harris County, Texas

The phone call no one wants to make. The paperwork you've never seen before. A family in grief trying to figure out what happens to the house, the bank accounts, the car. If someone you love has passed away in Houston and left property behind, you may be wondering: do we need probate, and what does that actually look like?

This guide walks you through the Harris County probate process step by step — what it costs, how long it takes, and whether your family might qualify for a faster path.

#What Is Probate and When Is It Required?

Probate is the court-supervised process of validating a deceased person's will (or determining who inherits when there is no will), settling outstanding debts, and distributing the remaining assets to heirs.

Not every estate needs to go through probate court. Many assets — life insurance with a named beneficiary, retirement accounts, jointly-held bank accounts with a payable-on-death designation — pass directly to survivors with no court involvement. Probate becomes necessary when a person dies owning property solely in their own name with no beneficiary designation attached.

Texas law requires any application to probate an estate to be filed within four years of the date of death. After that window closes, options become significantly more limited and expensive. If you are unsure whether your family needs probate, contact an attorney before that deadline approaches — not after.

#Harris County's Five Probate Courts

Harris County is one of the few Texas counties with five dedicated probate courts, each handling wills, intestate administrations, guardianships, and related matters. Courts 1 through 4 are located at 201 Caroline St., Houston, TX 77002 (Harris County Civil Courthouse). Probate Court No. 5 sits at 1115 Congress St., 5th Floor, Houston, TX 77002.

Cases are randomly assigned to one of the five courts. Because Harris County has one of the highest probate caseloads in Texas, timelines can run slightly longer than in rural counties. Filing complete, accurate paperwork from the start is especially important here — errors or missing documents cause delays that stack up.

#Independent vs. Dependent Administration: The Choice That Shapes Everything

Texas gives executors a choice between two types of estate administration, and the one you choose affects how much court oversight — and cost — the process involves.

Independent administration is the standard in Texas for good reason. Once the court confirms the executor and issues Letters Testamentary, the executor can manage and distribute the estate — sell property, pay debts, close accounts — without returning to court for each action. This process typically takes 6 to 12 months and costs far less than the alternative.

To qualify for independent administration, the will must specifically authorize it, or all beneficiaries must agree to it in writing (under Texas Estates Code § 401.003).

Dependent administration requires court approval for almost every decision the executor makes: selling a property, paying a bill above a threshold, distributing assets. It is slower — contested dependent administrations commonly run 12 to 36 months — and generates substantially more attorney and court time. Texas defaults to dependent administration when someone dies without a will and the heirs cannot unanimously agree to an independent process.

A well-drafted will that authorizes independent administration is, for most Houston families, the single most valuable estate-planning document they can have.

#Step-by-Step: The Harris County Probate Process

Here is what a typical probate case looks like from filing to closing:

1. File the application. The executor (or an heir, if there is no will) files an Application for Probate of Will or Application for Administration at one of the Harris County Probate Courts. The current filing fee is approximately $360. All filings are done electronically through EFileTexas.gov. You will need the original will and a certified copy of the death certificate.

2. Attend the probate hearing. A hearing is scheduled — typically within four to six weeks of filing. The judge reviews the will, confirms it meets Texas requirements under the Texas Estates Code, and either admits it to probate or denies the application.

3. Receive Letters Testamentary. If the court approves the application, it issues Letters Testamentary (or Letters of Administration for intestate estates). These letters give the executor the legal authority to act on behalf of the estate: opening an estate bank account, contacting creditors, and transferring titles.

4. Notify creditors. Under Texas Estates Code § 308, secured creditors must be notified by certified mail within two months of receiving Letters. Unsecured creditors may be notified by publication in a newspaper of general circulation. Creditors then have four months from the first published notice to file their claims — claims filed after that period are generally barred.

5. File the inventory. Within 90 days of receiving Letters, the executor must file a sworn Inventory, Appraisement, and List of Claims with the court (Texas Estates Code Chapter 309). This document lists every estate asset and its fair market value as of the date of death.

   

6. Pay valid debts. The executor pays legitimate creditor claims from estate funds, in the priority order set by Texas law. The estate's homestead property and certain exempt assets are protected from most creditor claims.

7. Distribute assets and close the estate. After debts are settled, the executor distributes the remaining assets to beneficiaries according to the will — or Texas intestate law if there was no will. The estate is then closed.

#What Does Probate Cost in Harris County?

For a straightforward, uncontested probate with a valid will, expect $3,000 to $7,000 in attorney fees. More complex estates — disputed creditor claims, missing heirs, out-of-state real estate, or intestate estates with large families — can run $10,000 or more. Houston probate attorneys typically charge by the hour ($250–$500 per hour is common) or a flat fee for simple cases. Court filing fees start at approximately $360.

These costs are paid from the estate itself, not out of the executor's personal funds — another reason a current, clearly drafted will matters.

#Two Shortcuts That May Avoid Full Probate

Depending on the estate, your family may qualify for a faster, less expensive path:

Muniment of Title — If the deceased left a valid will and the estate has no unsatisfied unsecured debts (liens on real estate are fine), the court can admit the will to probate as a muniment of title under Texas law. There is no executor appointment, no inventory requirement, and no creditor notice period. The admitted will becomes the document used to transfer real estate and other titled property. This is among the fastest and least costly options in Texas probate.

Small Estate Affidavit — Under Texas Estates Code § 205.001, if the total value of estate assets is $75,000 or less (not counting the homestead and other exempt property), and the person died without a will, heirs may file a Small Estate Affidavit. The affidavit is filed after a 30-day waiting period from the date of death. A judge reviews and signs it, and heirs use the signed affidavit to collect assets directly from banks and other institutions — no executor, no administration.

#Assets That Bypass Probate Entirely

Several categories of property transfer directly to beneficiaries without any court process, regardless of what a will says:

• Retirement accounts (401(k), IRA, pension) with a named beneficiary
• Life insurance policies with a named beneficiary
• Bank or brokerage accounts with a Payable-on-Death (POD) or Transfer-on-Death (TOD) designation
• Real estate held with a valid Texas Transfer-on-Death Deed or joint tenancy with right of survivorship (must be in writing)
• Community property: a surviving spouse already owns 50% of all community property acquired during marriage — only the deceased spouse's 50% share goes through probate

Keeping beneficiary designations current — after marriages, divorces, births, and deaths — is one of the simplest ways to reduce the burden on your family when the time comes.

#Houston's Immigrant Families and Probate

Many families in East End, Northside, Magnolia Park, and Aldine own homes in Texas while having family members in other countries. Harris County probate courts handle these situations regularly. What matters is whether property was legally titled in the deceased's name in Texas — not citizenship or immigration status.

If a loved one owned a home in Houston and has passed away, their heirs have legal options even when family members live abroad. An attorney can help navigate service requirements, heirship proceedings, and community property questions that arise in these situations.

At the Law Office of Kristopher A. Alvarez, PLLC, we serve families across the Houston area from our offices in Montrose and East End. We handle Harris County probate matters and can walk you through whether full administration, a muniment of title, or a small estate affidavit is the right path for your family.

Schedule a consultation: kristopheralvarez.com/en/book or call/text (832) 404-2300. Se habla español.