Probate for Land in Montgomery County, Texas: Court and Records

Short answer: Probate happens in the county where the person who died lived: Estates Code Section 33.001 puts venue in their Texas county of residence, with other rules if they lived outside Texas. When the estate belongs in Montgomery County, Government Code Section 25.1721 gives the county one statutory probate court, Probate Court No. 1 of Montgomery County, and the County Clerk serves as clerk of that court. The county's probate page says all attorneys must e-file, and self-represented filers are encouraged to e-file; fees are charged when a filing is submitted through the e-file system. Court records are searched through the county's records search, and deeds and other recorded documents through the County Clerk's public records search.

A lot of land in Montgomery County is held by families who bought it long ago: wooded acreage near Conroe and Magnolia, lots in older subdivisions near Splendora and New Caney, small farms near Montgomery and Willis. When the owner dies, the first questions are about probate: where it is filed, which court hears it, and what needs to be on record before the land can be sold. This guide answers them for Montgomery County.

This article is general information, not legal advice. Court practices and fees 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 follow the land; it follows the person. 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. A Houston resident who owned 20 acres near Magnolia is probated in Harris County, not Montgomery County. If the person lived outside Texas, the same section sends the case to the county where the main part of the estate was located or where they died in Texas; if they died outside Texas, to a county where their nearest relatives live, or, if none live in Texas, the county of the main part of the estate.

So the first step is simple: find out where the person lived. If it was Harris County, see our guide to probate for land in Harris County.

The Montgomery County probate court

When the estate belongs in Montgomery County, Government Code Section 25.1721 says the county has one statutory probate court: Probate Court No. 1 of Montgomery County. The same section lists the county's courts at law, numbered 1 and 3 through 6. The County Clerk serves as the clerk of Probate Court No. 1, so filings and court records go through the County Clerk.

Filing with the County Clerk

As of October 2026, the county's probate page lists these points:

• All attorneys are required to file electronically.
• Self-represented filers are encouraged to e-file, and the page links the state e-file system and the Texas courts' self-help resources.
• Fees are charged automatically when a filing is submitted through the e-file system, and the page links the current probate fee sheet.
• Offices: the main County Clerk office is at 210 West Davis in Conroe, with annexes in New Caney and The Woodlands. Check the county page for current hours before you go.

Which filing fits your family depends on the estate. Our comparison of small estate affidavits and probate explains the limits that matter for land, and our guide to affidavits of heirship covers the path that does not go through a court.

Look it up yourself

1. Has anyone opened a case? The county's probate page links a records search for court cases. Search by the name of the person who died.
2. What does the deed record show? The County Clerk's public records search covers deeds, affidavits of heirship and other recorded documents. Search the owner's name to see what has been filed against the land.
3. What does the land record show? The Montgomery Central Appraisal District lists the owner on record, the account and the appraised value. Remember the value is a tax estimate as of January 1, not a sale price; see why the appraisal value is not a sale price.
4. Are taxes owed? Check the account with the county tax office. If several years are behind, read what happens if property taxes stop being paid.

When the land can be sold

A title company insuring a Montgomery County sale wants the record to show who owns the land now. That can come from a probated will with letters testamentary, a will probated as a muniment of title, an heirship judgment, an approved small estate affidavit, or affidavits of heirship the title company accepts. After that, the people who now own the land sign the deed, and the sale closes like any other. When 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.

For the county itself, our page on selling land in Montgomery County covers what buyers there look at, and 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 Montgomery County, we look up the appraisal account, the County 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

Which court handles probate in Montgomery County, Texas?

Government Code Section 25.1721 says Montgomery County has one statutory probate court: Probate Court No. 1 of Montgomery County. The County Clerk serves as clerk of that court.

Do I have to e-file probate in Montgomery County?

The county's probate page says all attorneys are required to file electronically, and self-represented filers are encouraged to. Filing fees are charged automatically when a filing is submitted through the e-file system.

My parent lived in Harris County but owned land in Montgomery County. Where is probate filed?

Usually in Harris County. Estates Code Section 33.001 puts venue in the county where the person who died resided in Texas, not where the land is. Recorded documents from that case are then used for the Montgomery County land.

How do I search Montgomery County probate and deed records?

The county's probate page links a records search for court cases. Deeds, affidavits of heirship and other recorded documents are searched through the County Clerk's public records search.

Where is the Montgomery County Clerk's main office?

As of October 2026 the county lists its main office at 210 West Davis in Conroe, with annexes in New Caney and The Woodlands. Check the county's page for current hours.

Sources

• Texas Estates Code Section 33.001: venue for probate
• Texas Government Code Section 25.1721: Montgomery County courts
• Montgomery County: Probate (County Clerk)
• Montgomery County Clerk: Recording and real property
• Montgomery County Clerk: public records search

Each source was opened and read on October 30, 2026. Rules and rates change: check the source for the current version.

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