Probate in Harris County: What Houston Families Need to Know

Probate in Harris County is handled by five dedicated statutory probate courts — more than any other county in Texas — which means Houston families have access to judges and staff who do nothing but probate, guardianship, and related matters. That specialization can make the process more predictable than in counties where probate shares a docket with everything else. But it also comes with local rules, filing procedures, and deadlines that catch families off guard if they are not prepared.

McCulloch & Miller, PLLC represents families through the Texas probate process in Houston and across Harris County, with a main office in the Lyric Tower downtown — minutes from the courthouse where most Harris County probate cases are filed. The firm has guided executors and heirs through these courts for over 35 years, with flat fee pricing available on many matters.

How Does Probate Work in Harris County?

Probate in Harris County is the court-supervised process of proving a will, appointing an executor or administrator, and authorizing the transfer of the decedent’s assets. Cases are filed with the Harris County Probate Courts and assigned to one of the five statutory courts. After an application is filed, the court holds a hearing, admits the will if it is valid, and issues Letters Testamentary that give the representative legal authority to act.

Harris County’s five probate courts are led by elected judges, including Judge Jerry Simoneaux in Probate Court No. 1. Courts 1 through 4 sit at the Harris County Civil Courthouse at 201 Caroline Street in downtown Houston, while Probate Court No. 5 is located at 1115 Congress Street. All attorneys are required to file probate documents electronically through the state’s e-filing system, so most of the early process happens before anyone sets foot in a courtroom.

What Are the Costs and Fees in Harris County Probate?

Harris County probate involves two kinds of cost: court fees and attorney fees. The base filing fee for an original probate application is standardized statewide at approximately $360, with additional charges for optional services like citations and certified copies. Because fee schedules change periodically, families should confirm the current figure with the Harris County Clerk before filing.

Attorney fees are typically the larger expense and depend on the complexity of the estate. An uncontested estate with a valid will often qualifies for flat fee pricing, while contested matters or estates with complicated assets are usually billed hourly. A Houston probate attorney can review the estate and explain which fee structure applies before any work begins.

What Are Common Issues in Harris County Probate?

Even in a county with specialized courts, certain problems come up again and again. Knowing about them ahead of time can save Houston families weeks of delay and avoidable expense:

Missing the four-year deadline. Under Texas Estates Code § 256.003, a will generally must be filed for probate within four years of the testator’s death. After that, the will may only be admitted as a muniment of title, and only if the applicant proves they were not “in default” for failing to file on time.
Choosing the wrong type of administration. Independent administration proceeds with minimal court oversight; dependent administration requires court approval at nearly every step and costs more.
Assets that pass outside the will. Accounts with beneficiary designations or joint ownership do not flow through probate, which can surprise families expecting the will to control everything.
Disputes among heirs. A contested matter moves to a different track entirely and can extend the timeline significantly.

Many of these issues are avoidable with early guidance. The difference between independent and dependent administration alone can reshape both the cost and the timeline, which is why having the estate evaluated by a Houston probate attorney early is often the single most valuable step a family can take.

Steps to Take After a Loved One Passes Away in Houston

In the difficult days after a death, a few practical steps make the probate process smoother once it begins:

Locate the original will — Texas courts require the original document, not a photocopy, to admit a will to probate.
Order several certified copies of the death certificate; banks, insurers, and the court will each want one.
Secure the decedent’s home, vehicles, and important documents.
Make a preliminary list of assets and debts, including how each asset is titled.
Avoid distributing or selling estate property until the court grants authority to the representative.
Speak with a probate attorney before filing, so the estate takes the most efficient available path.

Talk to a Harris County Probate Attorney

If your family is facing probate in Houston or anywhere in Harris County, the attorneys at McCulloch & Miller, PLLC can guide you through every step — from locating the will to closing the estate. With offices in the downtown Lyric Tower and the Galleria area, the firm offers convenient access across the metro and over 35 years of experience in the Harris County probate courts. Call (713) 333-8900 or request a consultation online to talk through your situation. Flat fees available.