Fort Bend County Probate Records

Probate records are the official documents created when legally administering a deceased person's estate. In Texas, probate is the court-supervised procedure for authenticating a will (if one exists), appointing an executor or administrator, paying debts and taxes, and distributing the remaining assets to beneficiaries. The records generated in this process can include the will, petitions/applications, court orders, inventories of assets, creditor claims, and final accountings. Along with supporting Fort Bend County court records, probate records ensure the decedent's wishes are carried out according to law, provide transparency to heirs and creditors, and establish clear title to the property for future transactions. In Fort Bend County, Texas, the records are especially valuable for historical and genealogical research since they often contain detailed information about family relationships and property owned by the deceased.

Are Probate Records Public?

In Texas, probate records are generally public. State law strongly favors open court records – Texas Rule of Civil Procedure 76a presumes that most court records are open to public view, with limited exceptions for sealing. Anyone can inspect probate filings (the will, applications, inventories, court orders, etc.) once they are filed with the county clerk. Unless a court issues a specific order to seal or redact information (which is rare and requires a showing of compelling reasons under Rule 76a), probate case files remain accessible to the public. Many Texas counties (including Fort Bend) even offer online access to probate case information as a convenience.

In some cases, probate documents may not be immediately open to everyone. For example, if a will was deposited with the county clerk for safekeeping before the person's death, it is kept in a sealed wrapper and not disclosed during the testator's lifetime. After the person dies, that will is delivered to the appropriate court, but until then, it remains confidential. Additionally, a judge can order certain information sealed (such as to protect a minor heir or sensitive financial account numbers). Still, Texas courts require a high standard to do so, given the general policy of openness.

What is Probate Court in Fort Bend County?

Fort Bend County does not have specialized "County Probate Courts" like some larger Texas counties (e.g., Harris or Dallas). Instead, the County Courts at law, which are statutory courts created by the Texas Legislature, handle probate cases in Fort Bend. Fort Bend County currently has six County Courts at Law, and their jurisdiction includes probate and estate matters, guardianships, and related proceedings.

In Texas, a "county court at law" can exercise the same probate jurisdiction as the constitutional county court, and the Texas Government Code specifically provides Fort Bend County's courts at law with broad authority. For example,Texas Government Code §25.0812 outlines that Fort Bend's county courts at law share jurisdiction in various matters (such as family law and civil cases) in addition to their probate jurisdiction. In practical terms, this means any applications to probate a will, administer an estate, create a guardianship, or other probate proceedings in Fort Bend County are filed in one of the County Courts at Law (not in a separate probate-only court).

Each of the six County Courts at Law in Fort Bend has an elected judge and typically a Probate Auditor or staff member assigned to assist with probate cases. When a new probate case is filed (for instance, an Application to Probate a Will or for Administration of an estate), the case is assigned to one of these courts. The courts function similarly to dedicated probate courts: the judge will hear the probate application, admit wills to probate, appoint executors/administrators, and oversee the estate process. Uncontested matters (like admitting a will and issuing Letters Testamentary or Letters of Administration) are usually heard on a scheduled probate docket, while contested cases (will contests, estate disputes) may be set for special hearings or jury trials. For instance, one of Fort Bend's courts holds its probate docket on Thursday afternoons via Zoom for routine matters, and another court schedules uncontested probate hearings on Monday afternoons – these schedules can vary by court, but the County Clerk or court staff can inform interested persons of the current settings. All Fort Bend probate hearings typically occur at the Fort Bend County Justice Center (the courthouse facility in Richmond where the County Courts at Law are located).

The Fort Bend County Courts at Law and the County Clerk's Probate Department are based in Richmond, the county seat. The main courthouse for civil and probate matters is at 1422 Eugene Heimann Circle, Richmond, TX 77469 (Justice Center). This is where the Courtrooms for County Courts at Law Nos. 1–6 are located and where probate hearings are held. The County Clerk's Courts Division office is also at the Justice Center (Suite 11005), where members of the public would go to file probate documents or request court case files. Additionally, the County Clerk's main office is in the historic courthouse building at 301 Jackson Street, Richmond, TX 77469. The 301 Jackson St. location handles the recording of official records. It can assist with research and copies, but the Justice Center location is typically the primary point of contact for probate court files.

Probate Court Case Lookup

Fort Bend County offers several ways to access probate records: in person, by mail, and online. Below are instructions for each method, including where to go and what fees might apply:

In-Person Record Access

To view or obtain probate records in person, interested persons may visit the Fort Bend County Clerk's office (Courts Division) at the Justice Center in Richmond at:

The Courts Division (Civil/Probate)
1422 Eugene Heimann Circle,
Suite 11005
Richmond, TX.
Office hours: Monday through Friday, 8:00 AM – 5:00 PM (open during the lunch hour).

At the office, inquirers may request to see the file for a probate case. Requesters will need to provide the case number or the estate's name (decedent's name) to the clerk staff so they can retrieve the sought record. If copies of any documents are required, the Clerk can make them available for a fee of $1.00 per page for regular (non-certified) copies and an additional $5.00 per document for a certified copy (certification attests the copy is official). If unsure of the specific document they need, the requester may inspect the file first and then request copies of specific pages. The Clerk's office can also perform a search if you do not have the exact case number – a manual search by the Clerk incurs a nominal search fee (typically $5.00 per name or case searched). However, if the inquirers visit in person and the records are indexed, they can often search the public terminal for free or ask the staff to help locate a case without a formal search fee.

When visiting, be prepared for security screening at the Justice Center (no weapons, ID may be required). At the 301 Jackson Street location (the older courthouse building), the County Clerk's Recording/Research division provides access to property records and older archived books, and they can also assist with probate indexes or very old probate record books if needed. In fact, Fort Bend County has historical probate records dating back to the 1800s; many have been digitized (more on that below). If the inquiry involves older probate (prior to the 1980s), the staff may direct the inquirer to the archives or historical records section (which might be at 301 Jackson or accessible online as "Historic Probate" volumes).

Tip: If the request is likely to be complex, calling or emailing ahead is often helpful. Inquirers may reach the Clerk's record office at (281) 341-8685 and cclerkcourts@fortbendcountytx.gov.

Requesting Records by Mail

Inquirers unable to visit in person may request probate records by mail from the Fort Bend County Clerk. Mailed requests should be sent to the Clerk's central mailing address at:

Fort Bend County Clerk
301 Jackson Street,
Suite 101
Richmond, TX 77469

In a written request, inquirers are advised to:

• Include as much detail as possible: the decedent's name, the approximate date of death or probate (year of the case), and if known, the probate case number or style (e.g., "Estate of John Q. Doe, Deceased").
• Describe the documents being sought: for example, "a copy of the Last Will and Testament of John Q. Doe and the Order Admitting the Will to Probate from Probate Cause No. 12345".
• State whether certified copies or plain copies are required
• Include their contact information (mailing address, phone, or email) in case the Clerk needs to clarify the request or inform them of the fee total.
• Include payment for copy fees and postage. Usually, requesters can pay by check or money order payable to "Fort Bend County Clerk". If unsure of the total, the requestor may write a phrase like "Not to exceed $20" on the memo line and request a receipt for the exact amount. As noted, copy fees are $1 per page, plus $5 per document if certification is required. There is also a $5.00 search fee if the Clerk will need to research the case without a provided number. If you don't know the page count, the Clerk will calculate the cost and typically will mail the copies along with a receipt (or they might contact you before processing if the amount is higher than expected). To cover postage and handling, adding a few dollars or a self-addressed stamped envelope is recommended (for a handful of pages, a standard first-class stamp may suffice; for larger files, additional postage or a prepaid mailer is helpful).

The Clerk's office will fulfill mailed requests as promptly as possible, usually within a few business days of receiving them. If the amount sent is too high, they'll issue a refund of the difference; if it is too low, they may send an invoice or request additional payment before releasing the documents. If the requestor fails to receive a response within a couple of weeks, they may call the Clerk to follow up.

Online Access to Fort Bend County Probate Records

Fort Bend County offers online access to court records, including probate cases. There are two main online avenues: the Fort Bend County online case search portal and the statewide re:SearchTX system.

Fort Bend County Case Search Portal

The County Clerk provides a free online search tool for probate cases from 1987 forward. This is accessible through the Fort Bend County website under "Online Record Search" for Probate Court. The portal is part of the Tyler Odyssey case management system (often referred to as "Tyler Public Access"). Inquirers may search by party name, case number, or filing date. The probate search will return case information such as the style of the case (e.g., "Estate of [Name]"), the case number, the date filed, case status, and a list of events or filings in the case docket. To use the system, go to the Fort Bend County Clerk's Online Records Search page and select "Probate Court". (There are separate search modules for civil, misdemeanor, historical probate, etc., so be sure to choose the Probate section.).

Typically, for a name search, try the deceased's last name, first, or last name followed by first name. The results will show all matching probate cases. For example, searching "Doe, John" might show a case, such as "Estate of John Q. Doe, Deceased," Case No. XYZ-PR-2015. By clicking that case, inquirers may see the docket entries (list of documents filed and actions taken). They may also see basic data like the executor's name once appointed and the closing date if the estate is closed. Fort Bend's portal does allow viewing of document images for many filings. For each entry (like "Last Will and Testament" or "Order Admitting Will to Probate"), there might be a PDF icon or link to view the image of that document.

Fort Bend County has scanned historical probate records as well. For cases before 1987, they provided "Historical Probate" volumes A–Z and 1–30 with index books online. Those are essentially digitized images of old record books (mostly for 19th and early 20th-century estates), which can be browsed by volume and page. The online portal is generally free to use for searching and viewing and users do not necessarily need to create an account just to search for basic information. However, some counties require registration or charge a fee per page to download document images. Fort Bend's site, as of now, lets the public view the images of probate documents without charge (the historical ones certainly, and recent ones possibly viewable if not confidential). Keep in mind these online images are unofficial. For an official certified copy for legal purposes, query the Clerk (in person or by mail as described above). The online records are best for research and verification.

re:SearchTX (Statewide Access)

Fort Bend County also participates in re:SearchTX, which is a statewide online portal for Texas court records.

re:SearchTX allows registered users to search court cases across all participating Texas counties in one place. Civil and Probate case records from Fort Bend are available through re:SearchTX. Record seekers will need to create a free account to use this service. Once logged in, they can search by name or case number, similar to the local portal. One advantage of re:SearchTX is if the person lived in Fort Bend but the probate was filed in Harris County, a search on re:SearchTX might catch that.

It is worth noting that re:SearchTX has a tiered access system. Attorneys of record get expanded access to view documents for their cases, while public users may see only register of actions and perhaps purchase document views. For the general public, re:SearchTX might show the docket and lets record seekers request documents for a fee (often around $0.10/page for viewing, charged to a credit card).

Online Search Tips: When searching online, remember to try variations of the name (with or without middle initial, etc.). Also, a married woman's estate might be indexed under her married name (e.g., "Jane Smith" even if her maiden name was different). The online index will generally reflect the name exactly as on the application. Fort Bend's portal covers cases from 1987 onward electronically. For deaths more recent than 1987, there's a good chance you will find a record if a probate was filed. If no record shows up for Fort Bend, consider that the person's estate might not have been probated at all (not every death results in probate), or it might have been filed in another county (if the person owned real estate elsewhere or the family chose another venue).

How to Find Probate Records Online Free

Searching for probate records in Fort Bend County can be done online without charge, thanks to tools provided by the County Clerk and the state.

Through the County Clerk's website, record seekers can use the Probate Court Records Search to look up cases by the name of the estate, deceased, or other parties, or by the case number. The online database covers probate cases from 1987 onward, providing docket entries and case summaries for each file. In addition, the County Clerk has made historical probate records available – there are digitized images of probate record books Volumes A–Z and 1–30, along with index volumes, which cover older probate matters before 1987. This means you can even research very old probate cases (wills and estate proceedings from the past) through the online system at no cost.

re:SearchTX allows record seekers to perform a statewide search, which is helpful if unsure where a probate was filed, but it works for Fort Bend-specific searches as well. However, note that re:SearchTX may show only basic case details for free – viewing full documents (like the actual will or court orders) might require a fee. Users can preview docket information and then purchase documents if needed.

How Long Does Probate Take in Texas?

The duration of a probate case in Texas can vary widely depending on the circumstances. Generally, an uncontested probate proceeding for a straightforward estate will take a matter of a few months for the main tasks, while a complicated or contested estate can remain open for a year or more. Typically, probate in Texas lasts between six months to over a year from start to finish. Here's a rough timeline of the steps in an average case:

• Filing the Application: Texas law requires a will to be filed for probate within four years of death (to have full effect). Many executors file the application within a few weeks or months after death. Once filed, a hearing is scheduled. In Fort Bend County, the initial hearing to admit the will and appoint the executor might be set a few weeks out, depending on the court's docket and the required notice period (there is a minimum 10-day waiting period after an application is filed before the hearing can occur, to allow notice to be posted). Often, you can have this hearing within 2–4 weeks of filing if scheduling permits.
• Initial Probate Hearing: At the hearing, if all is in order, the judge will admit the will to probate and sign an order appointing the executor (or administrator for intestate estates). The executor will then need to post any required bond and take an oath. After that, the Clerk issues Letters Testamentary (or Letters of Administration). This phase is usually completed within the first month or two of filing.
• Notices and Inventory: After appointment, the executor must notify beneficiaries and creditors. Known beneficiaries get notice (often satisfied by giving them a copy of the will or letter), and notice to creditors involves publishing in a local newspaper and, for certain creditors, giving direct notice. In Texas, creditors generally have four months after notice to file claims. Within 90 days of appointment, the executor is required to file an Inventory, Appraisement, and List of Claims (or an Affidavit in Lieu of Inventory if no unpaid debts). Preparing the inventory could take some time if the estate has numerous assets, but typically this is done in the 1–3 months after qualification. The estate's assets are marshaled and appraised during this period, and debts are identified.
• Estate Administration: The middle phase of probate involves collecting assets, paying debts and taxes, and managing the estate. Independent Administration (common in Texas) allows the executor to handle most tasks without court approval, significantly speeding things up. Many estates can be fully administered in a matter of a few additional months after the inventory is filed – for example, selling property, distributing funds to beneficiaries, etc., might be done by month 6 or 7. The timeline stretches out if there are complications (real estate to sell, disputes to resolve, or a need to wait out creditor claim periods). Contested matters (like a will contest or lawsuit involving the estate) can put the process on hold for much longer – potentially a year or more of litigation.
• Closing the Estate: Once all debts are paid and assets distributed, the executor prepares a final accounting or affidavit of completion. In independent administrations, a formal closing order is not always required; the executor may simply file a Notice of Closing Estate or similar document. In dependent administrations (rare in Texas unless required by circumstances), a court order is needed to close. Closing can occur as soon as all tasks are done – some estates close in as little as 6 months from the start, while others remain open for several years (especially if, say, real property is held until a minor beneficiary reaches adulthood, etc.). However, most uncontested Texas probates fall for completion in the 6 to 12 month range.

In Fort Bend County, the timeline follows the Texas norms. One factor that could affect the schedule is the court's docket availability for the initial hearing – Fort Bend's probate dockets are regular, and uncontested hearings are usually not backlogged, so getting an appointment is relatively quick. If everything is in order (valid will, waivers from beneficiaries or no disputes), the process is efficient. On the other hand, the estate can drag on if heirs cannot be easily located, if the will is challenged, or if the executor delays in performing duties. Estates involving numerous properties or ongoing businesses might stay open longer to manage those assets. Also note that after an estate is closed, the probate case record remains on file permanently; even decades later, one can obtain the records (which is why we have historical probate files accessible).

Texas offers mechanisms like Muniment of Title (probating a will quickly without full Administration) and Small Estate Affidavits (for very small intestate estates), which can shorten or simplify the process in appropriate situations.

Are Wills Public Record in Texas?

Wills that have been admitted to probate are public records. Once a will is filed with the court as part of a probate case, it becomes part of the case file that is open for public inspection. In Fort Bend County, as soon as the will is admitted to probate by the judge, it is recorded by the Clerk, and anyone can obtain a copy. The inquirer does not need to be a family member or have special permission – the will of a deceased person, once probated, is available just like any other court document. The rationale is that the disposition of a decedent's property through the courts affects property rights and is thus public business.

To obtain a copy of a will from a probate case, follow the same procedures described earlier – search the case and request the will as part of the file. The will is usually either filed as an original (which remains in the court's file) or recorded in the official public records. In Texas, after a will is admitted to probate, the Clerk may also officially record it in the county's deed records (especially if it affects real estate). Indeed, Texas Estates Code §256.001 requires that a will (with self-proof) be proved up and the order admitting it is recorded. Certified copies of the will and order are often used as evidence of title. So interested persons may find the will in the probate case file, which is also indexed among county land records (though the probate file is the primary source). The key point is that a probated will is not hidden from public view.

When Can A Will Be Sealed Or Kept Confidential?

Generally, Texas courts rarely seal wills. The circumstances where a will would not be public are limited mostly to before it enters probate. For instance, Texas law allows a person to deposit their will with the county clerk for safekeeping during their lifetime. Such a will is kept in a sealed envelope (a "will wrapper"), and only the testator or an authorized person can retrieve it while the testator is alive. The Clerk will not divulge the contents or the existence of that will to the public before the testator's death. Upon the testator's death, the Clerk, if notified, will deliver the will to the appropriate court or the named executor. At that point, the will should be filed in a probate proceeding. If, however, no one ever offers that will for probate, it might remain on file with the Clerk. Technically, once the person is deceased, even a deposited will could be viewed by interested parties – the Estates Code provides procedures for the Clerk to notify beneficiaries and deliver the will to them if the named executor doesn't claim it. Ultimately, any will of a deceased person that has been officially filed with the county (whether through a probate case or as a standalone deposited will after death) is subject to public disclosure. There may be a slight delay (the Clerk might require proof of death or identification before releasing a will that was held in safekeeping), but it does not remain secret indefinitely.

In extraordinary cases, a court could seal a probate file (for example, if revealing the contents might put someone in danger or there's sensitive personal information). Texas's standard for sealing court records (Rule 76a) would apply – a judge would have to find that privacy interests outweigh the presumption of openness. This is uncommon in probate. One scenario might be if a will contained extremely sensitive business trade secrets or something that a judge agrees to seal temporarily. But even in high-profile estates in Texas, the usual practice is that the will is public (for instance, famous Texans' wills are often reported on once filed). If privacy is a concern, some individuals choose to use living trusts or other non-probate transfers to keep asset distribution private since only the will (which might be a pour-over will) becomes public. But that's outside the scope of probate records.

Persons seeking a copy of a will may get it from the County Clerk (with the same fee structure of $1/page, $5 certification). If a will was never probated (perhaps because all assets passed outside of probate), the requester might not find it on record at all – unless it was deposited. Sometimes family members just keep an unprobated will in a drawer, which wouldn't be in any public record. In such cases, the will remains private property until (and unless) it's filed with a court.

How to Find Out If Someone Has a Will

If trying to find out whether someone who died in Fort Bend County left a will – and whether that will was ever probated – there are a few steps and resources to use:

• Search the Probate Court Records: Start by searching Fort Bend County's probate records (as detailed above) for the individual's name. Use the online case search portal for probate cases or contact the County Clerk's office. If the person had a will and it was probated, the search should show a case under their name.
• Check Multiple Counties: If the inquirer is unable to find a probate case in Fort Bend County but believes the person had assets or connections elsewhere, they may search other counties' probate records or use the statewide re: SearchTX system. Wills are generally probated in the county of the decedent's domicile, but there are exceptions. For instance, if they owned land in Fort Bend but lived in another county, the will could be probated in that other county with a certified copy filed in Fort Bend for property records
• Inquire with the County Clerk: Inquirers may call the Fort Bend County Clerk's probate division and ask if a will for [Person's Name] has been filed. The Clerk can perform a search (a $5 search fee may be for a formal search, but a quick index check might be done informally by phone or in person). Fort Bend's Clerk also keeps an index of wills deposited for safekeeping (if anyone deposited their will at the Clerk's office before death).

This index is not published online, but the Clerk can check it. Under Estates Code §252.004, all wills deposited are indexed, so if the person placed their will in the county's custody before they died, the Clerk would have a record of it. Upon proof of the person's death (e.g., a death certificate), that will would become accessible. However, inquirers might need to provide a death certificate to claim a will that was held by the Clerk (to show the testator is indeed deceased).

• Check for a Notice of Self-Probate or Affidavit of Heirship: If no formal probate was opened, in some cases, family members file an Affidavit of Heirship in the deed records or the will might have been recorded as an unprobated instrument. It's not common in Texas to record an unprobated will (since it doesn't transfer title unless probated or filed as muniment), but occasionally people will record the will with the County Clerk's Official Public Records. Inquirers may search the Fort Bend County property records (grantee/grantor index) for the decedent's name to see if a will or affidavit was recorded there. The official public records search (for deeds) is separate from the court records. An affidavit of heirship indicates no will was probated (heirship affidavits are used when there's no will or no probate). A recorded will may mean the will was filed for safekeeping or just for reference but not formally probated (which is rare, but it could happen if past the 4-year limit or the will was just being preserved).
• Ask the Family or Attorneys: While not a public record search, inquirers might ask the decedent's close family or known attorney if a will existed. Often, if a will was made, the family or a lawyer knows and will eventually submit it to probate. Texas law (Estates Code §252.201) requires anyone with custody of a decedent's will to deliver it to the court clerk within a reasonable time after death (typically within 30 days). Failure to do so can make the person liable for damages. This law is meant to ensure wills surface and are probated. So, if a will exists but hasn't been filed, the custodian should be reminded of that duty. In Fort Bend, that means the will should be delivered to the Fort Bend County Clerk if the decedent lived there. Once delivered, the Clerk will handle it like a deposited will and notify the executor or heirs

If all searches come up empty, it's possible the person truly did not have a will (died "intestate"). In that case, any probate case would be an administration of an intestate estate. Inquirers may then search for an Application for Letters of Administration under the name. If an administration was filed, the records will show no will but an heirship determination. Suppose absolutely nothing was filed in any county. In that case, the estate might have been small enough or already arranged (like all assets in joint accounts or beneficiaries) that no probate was needed. In that scenario, there won't be probate records to find.

If the person's will was never probated within four years, and now it's too late for full probate, Texas law allows a couple of alternatives:

• File the will for muniment of title (if no debts, essentially a one-step probate to clear title)
• File the will with the Clerk as a document of record (to at least have it on file for history).

In either case, that filing becomes a public record you could retrieve.

Fort Bend County Family Court Case Search

Fort Bend County family courts handle various family law cases. These include divorces, child custody and visitation disputes, child support enforcement or modification, adoptions, requests for protective orders in domestic violence situations, and even the emancipation of minors. In Fort Bend County, family law cases are generally heard by the state District Courts, several of which are designated to handle family matters.

The 328th, 387th, and 505th Judicial District Courts in Fort Bend County oversee divorce, custody, and related family law cases. The Fort Bend County District Clerk's Office is the official record keeper for these courts, so the District Clerk maintains family case records.

Fort Bend County provides an online case search portal for District Court records—including family court cases—through the District Clerk's website. Using the Odyssey public access system, interested members of the public can search civil and family case records by a party's name, attorney, or case number. The online database will show basic case information (case status, filings, parties, court dates, etc.) for family law matters.

Inquirers may also contact the District Clerk's office in person or by mail to access physical or certified copies of Fort Bend County family court records. The District Clerk's main office at 301 Jackson St, Richmond, TX 77469, can provide copies of divorce decrees, custody orders, and other filings upon request. When requesting records by mail, inquirers will need to provide the case number or party names and details of the documents they need and pay the required copy fees. Keep in mind that online access provides unofficial records – to obtain an official or certified copy of a family court document (for legal purposes), record seekers should request it from the District Clerk and pay certification and copying fees.