Harris County Probate Records

Harris County probate records are documents and information generated while administering a deceased resident's estate. They also comprise paperwork related to other probate court proceedings, such as guardianships, conservatorships, trusts, and involuntary commitments to mental institutions. Harris probate cases are heard in the county’s probate courts, and the Harris County Clerk's Office maintains the associated case files and data alongside other Harris County court records.

Probate records constitute critical information for genealogical research, legal claims by creditors and heirs, property ownership verification, estate settlement, and dispute resolution. They can be used to verify guardians and estate executors appointed by courts and validate heirs to contested properties.

Are Probate Records Public?

Yes. Probate records are considered public in Texas. The state's judiciary affirms that access to case records is regulated by court rules, common law, and state statutes. These regulations support the state's Public Information Act, which allows access to records generated by public agencies but also restricts access to certain information, such as sealed court records, sensitive records regarding children, and documents that may contain trade secrets. Records that are protected by federal law are also restricted from public access.

What is Probate Court in Harris County?

Sec. 25.1031 of the Texas Government Code established four probate courts in Harris County to handle will execution (probate of wills), lawsuits by or against estate administrators and executors, appointment of administrators and executors, determination of heirship, guardianships proceedings, matters concerning trusts, and mental health court cases. The county's Probate Courts 3 and 4 are expressly authorized to handle mental health-related issues, such as forced medications and admissions to mental health institutions.

Probate Court Case Lookup

The Harris County Clerk is the custodian of records generated in the county’s probate courts. Individuals can visit the Clerk's probate department at the following location to order probate court records, such as letters of testamentary and guardianship records:

Harris County Civil Courthouse
201 Caroline Street
8th Floor, Suite 800
Houston, TX 77002
Phone: (713) 274-8585

Other probate-related documents can be ordered by mail or at the clerk's annex locations. Interested parties can also submit written requests by mail to:

Harris County Clerk
Attn: Probate Court Department
P.O. Box 1525
Houston, TX. 77251-1525

The following are the costs for probate documents:

• Paper copies: $1 per page
• Certified paper copies: $5 per document and $1 per page

How to Find Probate Records Online Free

The Harris County Clerk offers different online options for viewing and ordering certified and non-certified probate court documents.

The Probate Courts Documents Search portal allows anyone to find probate-related cases by case number, party name, attorney information, or company details. Users can also filter search results by filing date, status, BAR card number (for attorneys), and specific probate court. The search result page displays each case's status, number, filing date, party role, party name, and case type.

Selecting a case number displays the case events (dates and event descriptions). There are also links to filed documents, which lead to a different web portal. To view documents, one must set up an account. Viewing and printing unofficial documents (with the unofficial watermark) is free. At the same time, registered users can order copies of certified and non-certified documents (without the watermark) through the portal, which will be delivered to the email address attached to their accounts. These digital documents attract the following fees:

• Non-certified electronic copies (without watermarks): $1 for the first 10 pages and 1 cent per document for subsequent pages
• Certified electronic copies: $5 per document, $1 for the first 10 pages, and 1 cent per document for subsequent pages

It should be noted that electronic certified copies do not come with raised seals. To order documents with embossed seals, interested parties must visit the probate department or fill out the Request/Credit Card Authorization Form.

Additionally, researchers can request copies of case records using the clerk's dedicated contact form. The process involves selecting "Probate Courts" under Departments, adding an email address, and writing out one's request in the Message field. Available documents will be delivered to the requester via email.

How Long Does Probate Take in Texas?

It varies. Cases where deceased residents clearly outline their wills and appoint administrators or executors are fairly straightforward and do not take much time to probate. However, probate cases can be drawn out if lawsuits are initiated to challenge administrators and executors, lay claim to properties, or dispute ownership of properties outlined in wills.

When a decedent did not put their affairs in order before passing, the county court will need to appoint an administrator or executor, determine heirship, and settle the deceased individual's estate. These processes may take a while.

Are Wills Public Record?

Yes. Probated wills are public records in Harris County and can be obtained from the county clerk's office. However, wills that have not been filed with any of the county's probate courts are typically not accessible to the public. These include wills in the possession of lawyers and administrators, where the testator is still alive or the deceased person's affairs are yet to be settled.

At the same time, a court can seal certain wills to make them inaccessible because they contain sensitive details. Thus, such wills may only be open to family members and case parties.

How to Find Out If Someone Has a Will

Anyone can access most wills filed with the Harris County probate courts by visiting the county clerk's office, using the online contact form, or creating an account on the documents search portal to purchase copies of filed wills.

In cases where a will has not been filed, interested parties can contact the deceased person's attorney to confirm whether they possess the document.

Harris County Family Court Case Search

Harris County has 10 family courts. These courts hear matters related to families and children, such as child support, emancipation of minors, child custody, visitation rights, protective orders, and divorce. Unlike probate court records, documents and data generated in any of the local family courts are maintained and disseminated by the Harris County District Clerk. That is because family matters are under the jurisdiction of the district court.

Parties seeking family court case records can create an account on the district clerk's office website to view publicly available case details and documents. They can also visit the district clerk's records center at the following address to view and obtain court records:

5900 Canal Street
Houston, TX 77011
Phone: (832) 927-5860

It should be noted that certain family court records, especially those related to children, such as child custody documents and proceedings, are confidential. These protected case files are only accessible to parents, guardians, attorneys of record, and certain public officials, such as social workers.