Montgomery County Probate Records

Probate records are legal documents generated during the probate process, which is the court-supervised procedure for distributing the estates of deceased persons. In Montgomery County, Texas, these records encompass wills, conservatorships, guardianships, inventories of assets, court orders, and administration and probate of an estate, including payment of debts and taxes and allocation to heirs or beneficiaries.

Individuals often seek probate records to ensure compliance with Texas estate laws when establishing estates. Like Montgomery County court records, these documents are also important sources for historical and legal research as they give information on property ownership, family ties, and financial circumstances at the time of death.

Montgomery County distinguishes itself in the probate process through a dedicated probate court. On October 1, 2023, the county converted its County Court at Law No. 2 into a statutory probate court, as outlined by Montgomery County Probate Court No. 1. This change, enacted through House Bill 1436, addresses the county's growing population and enhances the specialized handling of probate, guardianship, and mental health cases.

Are Probate Records Public?

The Public Information Act presumes that all government information is available to the public, but this does not include court records such as probate documents. However, according to the Texas State Law Library Court Record Guide, most case files and court records, including Probate records in Montgomery County, are classified as public records.

Restrictions on copying and inspecting these records are also outlined in the Texas State Law Library Court Record Guide, especially for confidential and sealed papers. For example, certain records, including those of juveniles, family matters, adoptions, or outstanding criminal cases, may be sealed by judges, rendering them unavailable to the general public.

What is Probate Court in Montgomery County?

Probate courts are specialized judicial bodies that handle the administration of estates of deceased persons. Their primary function is to oversee the legal process of distributing the deceased's assets, ensuring that the distribution aligns with the deceased's will, if one exists, or with the state's intestacy laws if there is no will. This court hears its cases in the following courthouse:

Montgomery County Probate Court No 1
210 West Davis
Conroe, Texas 77301
Phone: (936) 539-7832
Fax: (936) 788-8357

Probate Court Case Lookup

The Montgomery County Clerk maintains the probate court records within the county. To look up these records, interested persons may utilize the County Clerk - Court Records Inquiry using parameters like case number, party name, attorney name, or date filed. For those needing official copies of probate records, they may visit the clerk's office at the address given below:

County Clerk
L. Brandon Steinmann
P.O. Box 959,
210 West Davis,
Conroe, Texas 77301
Phone: (936) 539-7885
Countyclerk@mctx.org

How to Find Probate Records Online Free

Montgomery County residents can access basic probate records online for free through the official County Clerk - Court Records Inquiry and the Texas court re:SearchTX portal.

The County Clerk—Court Records Inquiry provides free online access to interested persons who search the portal for probate records using parameters such as case number, party name, attorney name, or date filed.

Also, the Texas court re:SearchTX portal provides users with the same free online access upon registration. Users are allowed to search cases, hearings, and filings on this portal with the option to streamline the search further using parameters like case type, case status, and case filed date.

However, while basic searches are free, obtaining certified copies or more detailed documentation may involve fees or require an in-person visit to the clerk's office.

How Long Does Probate Take in Texas?

Probate is the legal process of resolving a deceased person's estate, which includes distributing assets and settling debts. This process usually takes 6 to 12 months in Texas, but it may take less time or more, depending on the nature of the estate. A self-proving affidavit in the will can expedite the process in as little as three months, whereas disagreements among heirs and creditors may cause it to take years.

Are Wills Public Record?

In Montgomery County, when a will is filed for probate, it becomes a public court record. Inquirers may review the will by visiting the county clerk's office at 210 West Davis, Conroe, Texas 77301, or using the county's online search tools. Although the will is public, certain personal details, such as social security numbers, are redacted to protect privacy while maintaining transparency.

How to Find Out If Someone Has a Will

The Montgomery County Probate Court, where all filed wills are stored, is the first place interested persons may go to find out if someone left a will in Montgomery County, Texas. If an attorney was involved in the will execution, contacting their office may be helpful, as estate planning attorneys typically retain copies of the wills they prepare. Interested persons may also ask family members or close friends if they know where the will is and search through the deceased's personal papers at home, as the will might be kept with other important documents.

Montgomery County Family Court Case Search

In Montgomery County, family court cases cover issues such as divorce, child custody, adoption, and domestic violence. District courts usually handle these matters and have broad authority over family law. Although Texas law treats court records as public, family law cases include sensitive personal details that are protected. The Montgomery County District Clerk keeps these records and offers online and in-person access.

Individuals can search for family court cases in Montgomery County online by utilizing County Clerk - Court Records Inquiry and the Texas court re:SearchTX portal. For cases where online access is insufficient, individuals can contact the Montgomery County Clerk's office for further assistance using the contact below:

Montgomery County District Clerk
(936) 539-7855

Mailing Address:
P.O. Box 2985
Conroe, TX 77305

Physical Address:
301 N. Main Street,
Suite 103,
Conroe, TX 77301
Email: districtclerk@mctx.org

While family court case details are generally available to the public, strict privacy measures are in place for sensitive cases. Under Texas law, specifically Family Code Section 105.006, courts may require that certain information in cases affecting the parent-child relationship, such as child custody, adoption, or child support, remain confidential. As a result, records involving minors may be sealed or have portions redacted to protect the privacy of everyone involved.