Probate for Land in Harris County, Texas: Courts and Records

Short answer: Probate happens in the county where the person who died lived, not always where the land is: Estates Code Section 33.001 puts venue in the county of the decedent's Texas residence, with other rules if they did not live in Texas. When the estate belongs in Harris County, it goes to one of the county's five statutory probate courts (Government Code Section 25.1031), and filings go through the Harris County Clerk's probate department. The clerk's page says attorneys must e-file, self-represented filers may e-file but do not have to, and an original will must be filed with the clerk within three business days of e-filing a copy with the application. Probate records and deed records can both be searched on the clerk's website, and the land's account is on HCAD.

Harris County is the most common place our callers have inherited land, and the questions are almost always the same: has anyone opened a probate case, which court is it in, and what has to happen before the land can be sold? This guide answers them for Harris County: where probate is filed, the courts that hear it, how filing works at the County Clerk, and where to look things up yourself.

This article is general information, not legal advice. Probate rules and court practices change; a Texas probate attorney or the County Clerk can tell you what applies to your case.

First: which county handles the probate?

Probate does not always happen where the land is. Estates Code Section 33.001 puts venue in the county where the person who died resided, if they had a home or fixed residence in Texas. So if your mother lived in Montgomery County and owned 5 acres in Harris County, the probate case belongs in Montgomery County.

If the person did not live in Texas, the same section sends the case to the county where the main part of the estate was located or where they died, if they died in Texas. If they died outside Texas, it goes to a county where their nearest relatives live, or, if none live in Texas, the county where the main part of the estate was located. Land in Harris County owned by someone who lived out of state can therefore end up in a Harris County probate court. Our guide for heirs who live out of state covers that situation.

The Harris County probate courts

When the estate belongs in Harris County, it goes to one of the county's statutory probate courts. Government Code Section 25.1031 lists five: Probate Court No. 1 through Probate Court No. 5 of Harris County. Probate matters for Harris County estates are heard in these courts.

Filing at the Harris County Clerk

Probate filings go through the Harris County Clerk's probate department. As of October 2026, the clerk's probate page lists these points:

• Attorneys must e-file in the Harris County Probate Courts, through an electronic filing service provider.
• People without a lawyer may e-file but are not required to; the clerk's office also accepts filings in person and by mail.
• Original wills are not e-filed. A copy goes with the application, and the original will must be filed with the County Clerk within three business days.
• Small estate forms are linked from the page, and the listed court filing fee for a small estate was $360. Fees change, so check before you file.

Not sure which path fits? Our comparison of small estate affidavits and probate explains the limits that matter for land, and affidavits of heirship covers the option that does not go through a court.

Look it up yourself

1. Has anyone opened a case? The County Clerk's website has a probate search and a general records search. Statewide, re:SearchTX also lists court filings.
2. What does the deed record show? Search the clerk's real property records by the owner's name for deeds, affidavits of heirship and any probate documents recorded against the land.
3. What does the land record show? Look up the parcel on HCAD for the owner on record, the account number and the land value; see how to look up land values on HCAD.
4. Are taxes owed? Check the account with the Harris County tax office; see selling land with back taxes in Harris County.

When the land can be sold

A title company insuring a Harris County sale will want the record to show who owns the land now. That might come from a probated will with letters testamentary, a muniment of title, an heirship judgment, an approved small estate affidavit, or affidavits of heirship the title company accepts. Once that is in place, the people who now own the land sign the deed, and the sale closes like any other. If several heirs share the land, every one of them signs; see what happens when heirs disagree. If the land is still in a grandparent's name, read how to clear more than one death in the record.

Our main guide to selling inherited land in Texas covers taxes and the order of steps.

How we handle it

When someone calls about inherited land in Harris County, we look up the HCAD account, the clerk's deed and probate records, and the tax balance before we talk about price. We tell you what we see and which steps a title company is likely to require. If we make an offer, it is in writing and a Texas title company handles the closing. You can ask us about inherited land or call (346) 255-4742.

This article is general information for Texas property owners. It is not legal advice. Talk to a Texas attorney about your own situation.

Common questions

Where is probate filed for land in Harris County?

Venue follows where the person who died lived. Under Estates Code Section 33.001, if they lived in Texas, probate is filed in their county of residence, even if the land is in Harris County. If they lived in Harris County, the case goes to one of the five Harris County probate courts through the County Clerk.

How many probate courts does Harris County have?

Five. Government Code Section 25.1031 lists Probate Court No. 1 through Probate Court No. 5 of Harris County.

Do I have to e-file a probate case in Harris County?

The County Clerk's probate page says attorneys must e-file in the Harris County Probate Courts. People without a lawyer may e-file but are not required to. An original will is not e-filed: a copy goes with the application and the original is filed with the clerk within three business days.

How do I search Harris County probate records?

The Harris County Clerk's website has a probate search and a general records search, and a document portal for viewing copies. Deeds are searched separately in the clerk's real property records. Statewide, re:SearchTX also lists court filings.

What does a small estate affidavit cost to file in Harris County?

As of October 2026 the clerk's probate page lists a court filing fee of $360 for a small estate. Fees change, so check the clerk's page before you file.

Sources

• Texas Estates Code Section 33.001: venue for probate
• Texas Government Code Section 25.1031: Harris County statutory courts
• Harris County Clerk: Probate
• Harris County Clerk: real property records search
• HCAD: How to search

Each source was opened and read on October 29, 2026. Rules and rates change: check the source for the current version.

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