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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Probate Court contact details, administrative orders, e-filing rules, and hearing logistics for Montgomery County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Montgomery County Probate Court Guide

Settled Estate records a $363+ court filing fee for the Montgomery County Probate Court No. 1, read from 3 linked sources and last verified January 11, 2026.

By Settled Estate Editorial Team

Montgomery County · Probate Court information · Updated January 2026

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Filing & Fees

Fee Schedule Signals

Probate Filing Fees

Filing TypeFee
Petition for Probate
Standard probate filing fee
$363

Accepted Payment: Cash, Check, Money Order, Credit Card

Note: Total filing fee of $363 for Probate of Will/Letters Testamentary, Administration, Muniment of Title, and Small Estate Affidavit per the Montgomery County Clerk Probate/Estate Case Filing Fees schedule. Determination of Heirship and Guardianship are $684 (includes $400 ad litem fee). Contact the county clerk for current fee schedule.

Document Fees

Certified Copy (per page)
$1
Payment Methods: Cash, Check, Money Order, Credit Card

Required Documents

  • Certified Death Certificate

    Order 10-15 certified copies from Texas DSHS Vital Statistics

  • Original Will

    Original will if one exists

  • Application to Probate Will

    County-specific form

  • Oath of Executor/Administrator

    Must be signed and notarized

E-Filing & Filing Methods

Source ↗
eFileTexasCase SearchProbate Forms

Records portal

Check live court-record information when available. Search results may not include every probate record.

Open the records portal
Filing Methods: in person, mail, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
Verify locally
Known Creditor Notice
60 days

Creditor Claims

Period Starts
no general bar from publication; a claim may be presented until the estate is closed, and a creditor sent a § 308.054 notice has until the 121st day after receiving it
Statute
Texas Estates Code §§ 308.051, 308.053, 308.054, 355.001, 355.060, 355.152

Publication Requirements

Notice to Creditors

Duration
Once
Statute
Texas Estates Code § 308.051

Must publish in newspaper of general circulation in county. Newspaper varies by county.

Notice of Petition/Administration

  • Beneficiaries
  • Known creditors
  • Surviving spouse

Related Proceedings

Property Recording

Source ↗

Guardianship

Texas guardianship is governed by the Texas Estates Code and requires court approval.

guardian of person

Guardian responsible for the physical well-being and care of the ward

guardian of estate

Guardian responsible for managing the ward's property and finances

Guardian Training

Guardian training requirements vary by county. Contact local court for approved providers.

Court Rules & Orders

Local Rules

  • E-filing mandatory for attorneys since January 1, 2014
  • Self-represented parties may file in person or by mail
  • Court converted to Statutory Probate Court on October 1, 2023
  • Has jurisdiction over all Probate, Guardianship, Mental Health and Ancillary Civil Matters

Sources for this page (3)

The facts above come from these official sources. Verify current details with the office before filing.