Where is probate filed for a Conroe resident?

In Montgomery County. The county courts at law in Conroe, the county seat, hear probate matters; Montgomery County has no separate statutory probate court.

What makes a Texas will valid?

Under Estates Code section 251.051 an attested will must be signed by the testator and two credible witnesses over 14. A wholly handwritten holographic will is valid without witnesses.

What is independent administration?

It is a Texas procedure under Estates Code chapter 401 that lets an executor administer the estate with minimal court supervision, which usually reduces cost and delay.

Can Texas real property avoid probate?

A transfer on death deed under Estates Code chapter 114 can pass Texas real property outside probate if it is signed, acknowledged and recorded before the owner's death.

Estate Planning Attorney in Conroe, TX

Winfrey Law Firm, PLLC prepares wills, trusts and powers of attorney for families in Conroe and Montgomery County, and represents executors in probate. Conroe is the county seat of Montgomery County, so cases from Conroe are filed and heard at the Montgomery County courthouse complex in downtown Conroe rather than in Houston. We take calls 24/7.

Probate for Conroe families is filed in Montgomery County

Conroe is the county seat of Montgomery County, so probate matters from Conroe are filed at the Montgomery County courthouse complex in downtown Conroe rather than in Houston. Montgomery County does not have a separate statutory probate court, so probate matters are heard by the county courts at law in Conroe. That is where an executor for a Conroe, Willis or Lake Conroe decedent applies to probate a will.

Wills under the Texas Estates Code

An attested will must be signed by the testator and by two credible witnesses over 14 who sign in the testator's presence (Estates Code section 251.051). A wholly handwritten holographic will is valid without witnesses. Adding a self-proving affidavit under section 251.104 lets the will be admitted without calling a witness to court later — a small step that saves an executor real time.

Independent administration and muniment of title

Texas is unusual in allowing independent administration (Estates Code chapter 401), where the executor administers the estate with little court supervision after the initial hearing and inventory. Naming an independent executor and waiving bond in the will is one of the most practical things a Texas will can do. Where the decedent left a valid will and no unpaid debts other than a lien on real property, the estate may qualify for probate as a muniment of title under chapter 257, a shorter proceeding used to clear title.

Documents that work while you are living

A statutory durable power of attorney (Estates Code chapter 752) covers financial decisions, a medical power of attorney (Health and Safety Code chapter 166) covers health care, and a directive to physicians states end-of-life wishes. A transfer on death deed under Estates Code chapter 114 can pass Texas real property outside probate when it is signed, acknowledged and recorded before death — useful for lakefront and acreage property in Montgomery County.

Start your Conroe estate plan

Read our guides on the small estate affidavit versus probate and our statewide estate planning practice area. If you own land, see real estate law in Conroe. Call (713) 300-0545.

This is general information, not legal advice. Prior results do not guarantee a similar outcome.

Conroe Estate Planning FAQ

Where is probate filed for a Conroe resident?: In Montgomery County. The county courts at law in Conroe, the county seat, hear probate matters; Montgomery County has no separate statutory probate court.
What makes a Texas will valid?: Under Estates Code section 251.051 an attested will must be signed by the testator and two credible witnesses over 14. A wholly handwritten holographic will is valid without witnesses.
What is independent administration?: It is a Texas procedure under Estates Code chapter 401 that lets an executor administer the estate with minimal court supervision, which usually reduces cost and delay.
Can Texas real property avoid probate?: A transfer on death deed under Estates Code chapter 114 can pass Texas real property outside probate if it is signed, acknowledged and recorded before the owner's death.

Call Winfrey Law Firm, PLLC at (713) 300-0545 — we take calls 24/7.