Harris County Probate FAQ
Which County Do I File In
Probate is a county function, so where you file matters. Harris County spans many suburbs, and some cross the county line into Fort Bend, Montgomery, or Waller. Here is how to know which probate court has your case.
Cross-county suburb map
Several Houston suburbs sit on or across a county line, so the mailing city does not tell you the court. Venue follows the decedent's county of residence (Texas Estates Code § 33.001).
A Katy mailing address can sit in any of three counties. Probate is filed in the county the decedent actually lived in, not the postal city.
Spring straddles the Harris / Montgomery line. Homes south of the line file in Harris County; north of it, Montgomery County.
Cypress is unincorporated Harris County, so a Cypress estate is a Harris County probate even though it is well outside the 610 Loop.
Kingwood is inside the City of Houston and Harris County. The neighboring Porter and New Caney areas are Montgomery County, so confirm the exact address.
Both are Harris County. Humble is an incorporated city; Atascocita is unincorporated Harris County. Either way the case files in the Harris County probate courts.
Tomball
Tomball is mostly Harris County with parts reaching into Montgomery County. The county of residence, not the Tomball address, sets the court.
You must file all probate documents at the county clerk's office in the county where the deceased person lived. For local estates, the Harris County Clerk accepts these probate filings and assigns your case to a court to begin the estate administration process.
If the deceased lived in Harris County, you must file the initial probate application at the county courthouse. The Harris County Clerk accepts probate filings and processes the paperwork to officially open the estate.
The city of Katy spans across multiple counties, so the correct location for probate depends on whether the deceased person resided in the Harris County, Fort Bend County, or Waller County portion of the city. If the decedent lived in the Harris County section of Katy, you will file the probate application with the Harris County Clerk.
Spring is located in both Harris County and Montgomery County, so the correct location for probate depends on where the deceased person lived. If the deceased resided in the Harris County portion of Spring, you will file the initial probate application with the Harris County Clerk.
Yes, Cypress is located in Harris County, Texas, which means the estates of deceased Cypress residents are probated in this county. To open an estate administration case, the representative must file the initial application with the Harris County Clerk.
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