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Houston County, TX Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Two courts share original probate jurisdiction here, and that is the law rather than a local quirk. Government Code § 25.1151 provides that "Houston County has one statutory county court, the County Court at Law of Houston County" (note the enacted name carries no number), and a statutory county court has, concurrent with the county court, the probate jurisdiction provided by general law (Government Code § 25.0003(d)). The Texas Estates Code says the same thing from the other side: where a county has a county court at law exercising original probate jurisdiction and no statutory probate court, that court and the county court have concurrent original jurisdiction of probate proceedings (§ 32.002(b)). In practice Houston County routes estates to the County Court at Law: its own page lists "Probate Matters" and "Guardianships" among the cases filed through the County Clerk's office, and the court's own small estate affidavit form is styled "In the County Court at Law of Houston County, Texas". The court sits in Suite H on the 2nd floor of the courthouse, with the Honorable Sarah Tunnell Clark as judge (verified July 2026). Houston County has no statutory probate court |
| Filing office | The Houston County Clerk, in Suite D of the Houston County Courthouse. The split is statutory: for the county court at law, "The district clerk serves as clerk of the court in family law cases and proceedings, and the county clerk serves as clerk for all other cases" (Government Code § 25.1152(j)), and probate is in the "all other cases" bucket. The Houston County District Clerk, in Suite E, serves the district courts and the county court at law's family and some civil matters, and does not open estates |
| Courthouse | Houston County Courthouse, 401 East Houston Avenue, Crockett, TX 75835. County Clerk in Suite D, County Court at Law in Suite H on the 2nd floor, District Clerk in Suite E. The county publishes its own access instruction: the courthouse has one entrance open, on the west side, reached underneath the stairs through the accessible entrance, and once inside you go up one flight of stairs or take the elevator to floor 1. Do not go to the Houston County Annex at 401 East Goliad Avenue, which houses the County Judge in Suite 201, the tax office, elections and the county treasurer |
| Mailing address | None published. The Houston County Clerk publishes no separate post office box, so anything mailed goes to Houston County Clerk, 401 East Houston Avenue, Suite D, Crockett, TX 75835. Call before mailing an original will |
| Phone | (936) 544-3255 is the county's single main line, and the extension matters. For probate the County Clerk publishes a deputy clerk for probate, guardianship and civil matters at extension 241, and a chief deputy at extension 251 (verified July 2026). The County Court at Law's court coordinator is at extension 230. The County Judge's office at the annex is extension 221 |
| Fax | The County Clerk publishes no fax number. The County Court at Law publishes 936-545-9605. Confirm with the clerk before faxing anything intended for a case file |
| The Houston County Clerk publishes no departmental email address for filings or case questions; use the contact form on the clerk's page or call (936) 544-3255. The only email address on the clerk's page belongs to one of the county's approved electronic recording submitters for real property documents and is not a probate or estates contact | |
| Office hours | The County Clerk publishes office hours of 8:15 a.m. until 4:15 p.m. and a separate, earlier filing and recording cutoff on Fridays: filing and recording hours are Monday through Thursday 8:15 a.m. to 4:15 p.m. and Friday 8:15 a.m. to 3:00 p.m. (verified July 2026). The Friday cutoff is the one that catches people out. The County Court at Law publishes its own hours of Monday through Friday, 8:00 a.m. to 5:00 p.m., which are the court's hours and not the filing counter's |
| Filing fee | $360.00 to open a probate case, published by the county itself. The Houston County Clerk Fee Schedule, Probate and Civil Fees, effective January 1, 2024, reads "Applications for Probate/Guardianship/Mental Health (fee does not include citation or service) $360.00", covering foreign wills, a small estate affidavit and opening a safe deposit box at the same figure, and it prints the arithmetic: a $223.00 local consolidated fee and a $137.00 state consolidated fee. That is the statewide statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)). Houston County's schedule then adds $8.00 to issue a citation and $100.00 for posting or service of each citation, so budget about $468.00 for a first filing with one citation issued and posted. A later contested or adverse probate action is $120.00 |
| Local forms | Yes for some matters, no for others, and the difference matters. The County Court at Law publishes its own Small Estate Affidavit form (updated June 23, 2022) and a six-page Small Estate Affidavit Checklist (updated January 14, 2016), and a full guardianship form library. It publishes no application, no order and no oath for probating a will: Texas has no comprehensive statewide set of probate procedure forms, so those documents are drafted by you or your attorney. The court's own checklist requires two cover sheets with an original application: a Civil Case Information Sheet (the checklist cites Texas Rule of Civil Procedure 78a, a rule repealed effective December 11, 2018, but the court's own requirement stands) and the court's own Supplementary Probate Court Information Sheet |
| E-filing | Mandatory for attorneys, as in every Texas county, through eFileTexas.gov. Houston County publishes no county-specific mandate date, but it does print the exceptions on its own fee schedule: "Wills are not required to be filed electronically. If a will is filed electronically, the original must be presented to the Clerk's Office within 3 business days after the application is filed", and documents filed under seal or in camera, or to which access is restricted, must not be e-filed. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); Houston County publishes no policy of its own on paper filings by self-represented filers, so call the County Clerk first |
| Case search | Not established for probate. The Houston County Clerk links an Online Records Search run by LGS, labelled "Criminal & Civil", and the clerk's own guide explains that a guest login shows index information only, that registration is needed to buy images, and that each elected official decides which record types to put online. The clerk does not publish whether probate case types are among them, so treat it as unconfirmed for estates. Documents e-filed in a Houston County probate case may also be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents ($1.00 for a document of 1 to 10 pages and $0.10 per page after that, per its own FAQ) and states that it provides an unofficial copy and that the clerk of the court is the official custodian. For a reliable answer, ask the Houston County Clerk |
| Remote appearance | Nothing published. Neither the County Court at Law nor the County Clerk publishes a telephone or video appearance rule for probate matters, so plan on appearing in Crockett if the court sets a hearing, and ask the court coordinator at (936) 544-3255, extension 230, before assuming otherwise |
| Website | https://www.co.houston.tx.us/page/houston.County.Clerk (the Houston County Clerk, with the fee schedule, the small estate affidavit documents and the records search) and https://www.co.houston.tx.us/page/houston.County.Court (the County Court at Law, with its jurisdiction list, its forms and its dockets) |
Before you begin — know the assets and liabilities
Before you file anything in Crockett, know what is actually in the estate and what it owes. Which Texas route fits, and whether a court filing is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and work the same way in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before the first filing matters more than usual in Houston County, because the County Court at Law's own small estate affidavit checklist warns that many affidavits "are denied for problems that cannot be corrected, and the denied applicants lose their filing fees". A wrong route here costs the $360.00 application fee and the time.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Houston County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary and land covered by a recorded transfer on death deed pass outside the estate and never reach the court. The county's own checklist is strict about the detail it wants, down to vehicle identification numbers and the last four digits of account numbers, and it will not accept an asset listed at an unknown value. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that what is filed with the Houston County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Houston County Courthouse at 401 East Houston Avenue in Crockett is the single probate filing location for the whole county. There is no branch or satellite counter for estates: the County Clerk takes filings in Suite D and the County Court at Law sits in Suite H on the 2nd floor of the same building. The court serves every part of the county, including Crockett, Grapeland, Lovelady, Latexo, Kennard and the rural areas between them. The county's separate annex at 401 East Goliad Avenue holds the County Judge, the tax office, elections and the treasurer, and is not where an estate is filed.
Venue is straightforward for a Houston County resident: you file in the county where the decedent lived, if the decedent had a domicile or fixed place of residence in Texas (Estates Code § 33.001(a)(1)). If the person lived in Houston County, the case belongs here even if they died in a hospital in Palestine, Lufkin or Tyler. For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)). The county's own small estate affidavit checklist puts the practical version bluntly: an affidavit should be filed where the decedent resided, and if that is not Houston County the filing has to add facts supporting venue here, because "it is unusual for the Court to approve an SEA for a Decedent who did not have a fixed place of residence in Houston County".
Which court hears the case is the fact most often gotten wrong on a county this size, and Houston County has two courts with the same original probate jurisdiction. Government Code § 25.1151 provides that "Houston County has one statutory county court, the County Court at Law of Houston County", and § 25.0003(d) gives a statutory county court, concurrent with the county court, the probate jurisdiction provided by general law for county courts. The Estates Code frames the same rule as the county's category: in a county with no statutory probate court but with a county court at law exercising original probate jurisdiction, the county court at law and the county court have concurrent original jurisdiction of probate proceedings (§ 32.002(b)). So both the County Court at Law of Houston County and the Houston County Court, the constitutional county court presided over by the elected County Judge, can hear an estate, and in practice the county sends estates to the county court at law. Houston County has no statutory probate court. Whichever court hears the case, the filing goes to the same counter: the Houston County Clerk, because for this court "the district clerk serves as clerk of the court in family law cases and proceedings, and the county clerk serves as clerk for all other cases" (§ 25.1152(j)).
If a matter in the proceeding becomes contested, Houston County's route is a transfer between its own two courts, and it is the shortest of the three Texas contested-matter paths. Under Estates Code § 32.004, when a matter in a probate proceeding is contested, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law, and the judge of the county court may also transfer the entire proceeding to the county court at law. The county court at law then hears the contested matter as though it had been originally filed there. Because Houston County has a county court at law, the mechanism that applies in the 156 Texas counties without one, assignment of a visiting statutory probate court judge or transfer to a district court, is not the route here, and neither is the exclusive-jurisdiction rule that applies only in the twelve counties that have a statutory probate court. The practical consequence is that a contest usually stays in the same courthouse and in front of a judge who is a lawyer.
The jurisdiction process
- Confirm the route and gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative.
- Draft the papers, or use the county's form if you are filing a small estate affidavit. For a will or an administration there is nothing to fill in: Texas publishes no comprehensive statewide set of probate procedure forms and Houston County publishes no application, order or oath, so those are drafted documents. For an intestate small estate the County Court at Law publishes its own Small Estate Affidavit form (updated June 23, 2022) and a six-page checklist, and the checklist says "the Court recommends that applicants use the SEA form that is available on the Court's website". Style the case as the court's own form does, in the County Court at Law of Houston County, Texas.
- Add the two cover sheets. The court's checklist requires a Civil Case Information Sheet with all original applications (it cites Texas Rule of Civil Procedure 78a, a rule repealed effective December 11, 2018, but the court's own requirement still applies), states that "Houston County Court at Law requires a Supplementary Probate Court Information Sheet", and that "The Court will not consider an SEA unless both cover/information sheets are on file". The supplementary sheet is not posted on the county's site, so ask the County Clerk at (936) 544-3255, extension 241, for a copy before you file. A death certificate is filed with the affidavit as well, with the social security number crossed out.
- E-file the application through eFileTexas.gov. Attorneys must e-file in probate matters in every Texas county. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); Houston County publishes no policy of its own on paper filings by self-represented filers, so call the County Clerk before turning up with paper. The county does publish its e-filing exceptions on its fee schedule: documents filed under seal or presented in camera, and documents to which access is restricted by law or court order, must not be filed electronically.
- Deliver the original will to the County Clerk within three business days. This is statewide and there is no electronic substitute: when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). Houston County prints its own version on the fee schedule: "Wills are not required to be filed electronically. If a will is filed electronically, the original must be presented to the Clerk's Office within 3 business days after the application is filed." Take or send the wet-ink original to the Houston County Clerk, 401 East Houston Avenue, Suite D, Crockett, TX 75835, and mind the Friday 3:00 p.m. filing cutoff.
- Pay the filing fee and the service items. Houston County's published schedule prices an application for probate, guardianship or mental health at $360.00, which is the statewide statutory base of a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137.00 state consolidated fee (§ 133.151(a)(1)). The schedule states that the fee does not include citation or service, and prices issuing a citation at $8.00 and posting or service of each citation at $100.00, so a first filing with one citation issued and posted comes to about $468.00. A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, which the County Clerk publishes on its own page.
- Have the citation issued and posted, and let the court tell you whether there is a hearing. In Texas the clerk issues citation on an application to probate a will or for letters and the sheriff or a constable posts it, which is what the county's $8.00 citation fee and $100.00 posting fee pay for; nothing is heard until the posting period has run and the return is on file. For small estate affidavits the county's practice is the opposite of what most people expect: "The Court usually does not require a hearing on SEA applications, but in some circumstances the Court may require a hearing before an SEA will be approved. If a hearing is needed, the Court will contact you to set a hearing. Do not set a hearing unless the Court has asked you to do so."
- Attend the hearing in Crockett if one is set. Hearings in a will or administration matter are held in the County Court at Law in Suite H on the 2nd floor of the courthouse. The courthouse has one entrance open, on the west side, under the stairs through the accessible entrance. Neither the court nor the clerk publishes a telephone or video option for probate, or a docket day for decedents' estates, so ask the court coordinator at (936) 544-3255, extension 230, when you file.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Houston County's schedule prices letters at $2.00 each, matching the statutory per-document fee (Local Government Code § 118.061), plus $2.00 for the judge's signature and $2.00 for administering the oath where those apply, so order enough sets at the hearing for every bank, transfer agent and title company the estate has to deal with.
- Administer the estate and file what the statute requires. The steps that follow, including notice to beneficiaries after an order admitting a will (§ 308.002), the published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory, which must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)), are set by state statute and apply the same way in every Texas county. File them with the Houston County Clerk, and note that the county charges $27.00 for an inventory filed after that deadline. Where the estate is being run as an independent administration, the court's involvement after the appointment order and the inventory is deliberately minimal (Estates Code chapters 401 to 405).
Forms and documents
Probate forms in Houston County
Houston County is a partial exception to the Texas norm, and it is worth being precise about which half applies to you. Texas has no comprehensive statewide set of probate procedure forms: the Texas Judicial Branch forms page carries only will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1), even though the Legislature directed it to in 2015 (Estates Code chapters 205 and 257). Houston County publishes no application to probate a will, no proof of death and other facts, no proposed order and no oath, so in a will or administration case those are drafted documents.
What the County Court at Law does publish is a real local set for two kinds of matter. For an intestate small estate it publishes a Small Estate Affidavit form, updated June 23, 2022 and styled "In the County Court at Law of Houston County, Texas", together with a six-page Small Estate Affidavit Checklist updated January 14, 2016 that walks through the statutory conditions, the asset and liability detail the court expects, the Medicaid estate recovery question and the Texas descent and distribution charts. For guardianships it publishes a full library: court instructions for guardian of the person, of the estate and of both, annual account and annual report forms, an accounting checklist and cover sheet, safekeeping agreement and order forms, a letter request form and the Texas guardianship bill of rights.
Two cover sheets are mandatory on an original application and are the most common reason a Houston County filing stalls. The court's checklist requires a Civil Case Information Sheet with all original applications, citing Texas Rule of Civil Procedure 78a (a rule repealed effective December 11, 2018; the court's own requirement stands), states that "Houston County Court at Law requires a Supplementary Probate Court Information Sheet", and that "The Court will not consider an SEA unless both cover/information sheets are on file". The supplementary sheet is not posted on the county's website, so request it from the County Clerk at (936) 544-3255, extension 241, before you file. The one genuinely statewide procedural form a Houston County filer may need is the Statement of Inability to Afford Payment of Court Costs, required by Texas Rule of Civil Procedure 145, which the County Clerk publishes on its own page.
| Resource | What it provides |
|---|---|
| Small Estate Affidavit form (co.houston.tx.us) | The County Court at Law's own eight-page small estate affidavit, updated June 23, 2022, styled in the County Court at Law of Houston County, Texas, with the sworn conditions, the asset and liability schedules, the Medicaid estate recovery election, the family history section and the distributee and disinterested witness signature blocks |
| Small Estate Affidavit Checklist (co.houston.tx.us) | Six pages of the court's own instructions, updated January 14, 2016: the cover sheet requirement, the death certificate requirement, the detail the court expects for each asset and debt, the minor heir rule, the two disinterested witnesses, the no-hearing default, and four Texas descent and distribution charts |
| Guardianship forms, County Court at Law (co.houston.tx.us) | The court's guardianship library: instructions for guardian of the person, of the estate and of both, annual account and annual report forms, accounting checklist and cover sheet, income and expense worksheet, safekeeping agreement and order, letter request form, physician's certificate of medical examination and the Texas guardianship bill of rights |
| Houston County Clerk fee schedule (co.houston.tx.us) | The county's own seven-page fee schedule effective January 1, 2024, including the probate and civil section that prices the $360.00 application and every service item with its statutory authority, and the county's printed e-filing exceptions |
| Statement of Inability to Afford Payment of Court Costs (co.houston.tx.us) | The statewide fee waiver form required by Texas Rule of Civil Procedure 145, published by the Houston County Clerk. The clerk must accept the filing |
| Texas Judicial Branch court forms (txcourts.gov) | The statewide forms that do exist, including the Supreme Court of Texas will forms and the fee waiver form. There is no statewide application, order, oath or inventory form for probate |
Fees
Houston County publishes one of the more complete probate fee schedules in rural Texas, and it carries a printed effective date, which many county schedules do not. The Houston County Clerk Fee Schedule, Probate and Civil Fees, is dated 1/1/24 and every page is footered January 2024. It prices each item and cites the statute behind it, and its base figure matches the statewide statutory base exactly, so nothing here is a local surcharge on the filing fee itself. Verified July 2026; confirm the current schedule with the County Clerk at (936) 544-3255 before you write the check.
| Item | Amount | Authority or source |
|---|---|---|
| Application for probate, guardianship or mental health | $360.00 | Houston County Clerk fee schedule, effective January 1, 2024, which states that the fee does not include citation or service and applies the same figure to foreign wills, a small estate affidavit, opening a safe deposit box and sale of property of a minor without guardianship. It is the statewide statutory base, identical in every Texas county: a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137.00 state consolidated fee (§ 133.151(a)(1)). The county's schedule prints both totals and itemises how the $223.00 is allocated across the clerk's fee, the law library, courthouse security, facility, court reporter, jury, dispute resolution, language access, guardianship, public probate administrator and other county funds |
| Issuing a citation | $8.00 | Houston County Clerk fee schedule, matching the statutory issuing-document fee the county clerk must collect (Local Government Code § 118.052) |
| Posting or service of each citation | $100.00 | Houston County Clerk fee schedule. Sheriff and constable service and posting fees are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service (Local Government Code § 118.131) |
| Typical cost to open an estate with one citation | About $468.00 | The county's own three figures added together: $360.00 plus $8.00 plus $100.00. The county does not publish this as a package total, so treat it as the arithmetic of its own schedule and confirm the count of citations your case needs with the County Clerk |
| Citation by publication in a newspaper | $108.00 to the clerk, plus the newspaper's own charge | Houston County Clerk fee schedule, which prices issuing the citation at $8.00 and posting or service at $100.00 and states that the party is responsible for the cost of publishing |
| Letters Testamentary or Letters of Administration | $2.00 each | Houston County Clerk fee schedule, matching the statutory per-document fee (Local Government Code § 118.061). The schedule notes the price does not include an order if one has to be attached |
| Judge's signature; administering the oath; approving and recording a bond | $2.00; $2.00; $5.00 | Houston County Clerk fee schedule, citing Local Government Code § 118.101 for the signature and § 118.052 for the oath and the bond |
| Ad litem deposit in an heirship determination or guardianship | $500.00 | Houston County Clerk fee schedule, which requires the amount to be deposited into the court registry. A $500.00 figure sometimes quoted as Houston County's probate filing fee is this deposit, not the filing fee |
| Inventory, appraisement and list of claims filed late | $27.00 | Houston County Clerk fee schedule, for an inventory filed after the 90th day following the qualification date. The statutory deadline is to file with the court clerk before the 91st day after the personal representative qualifies, unless the court grants longer (Estates Code § 309.051(a)) |
| Annual account of an estate; final account of an estate | $27.00; $135.00 | Houston County Clerk fee schedule. Both must be notarized, and the schedule notes that an annual account must sit ten days |
| Application for sale of real property | $135.00, including a $108.00 sheriff's posting and copy charge | Houston County Clerk fee schedule, which itemises the total as a $25.00 filing fee, a $2.00 judge's signature fee and a $108.00 sheriff's posting and copy charge |
| Claim against the estate | $10.00 filing fee, paid by the claimant | Houston County Clerk fee schedule, matching the statutory claim fee (Local Government Code § 118.058). Add $2.00 if a judge's order approving the claim is requested |
| Depositing a will for safekeeping | $5.00 | Houston County Clerk fee schedule, matching the statutory deposit fee (Local Government Code § 118.062) |
| Certified copies | $5.00 certification plus $1.00 per page | Houston County Clerk fee schedule. The schedule prices paper copies at $1.00 per page and electronic delivery at $0.10 per page with a $1.00 minimum |
| Later contested or adverse probate action | $120.00 | Houston County Clerk fee schedule, matching the statute: $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2), for an action other than the original application |
| Electronic filing charges | Set by the vendor, not by Houston County | Filing through eFileTexas.gov carries the electronic filing service provider's own charge and any card surcharge, on top of the court costs above. Houston County publishes no county electronic filing fee of its own |
| If you cannot afford the fee | No cost | File a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, which the County Clerk publishes. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)) |
One caution about figures you may see elsewhere. The base $360.00 is fixed by statute and is the same in all 254 Texas counties, so a figure materially above it is either a total that includes citation, posting, publication or ad litem items, as the $468.00 estimate above does, or it is out of date. Two figures on the county's own schedule are also easy to misread: $350.00 is the civil case filing fee, not the probate fee, and $500.00 is the ad litem registry deposit for an heirship determination or guardianship, not a filing fee. Houston County's own schedule is the source to trust here, and it is dated.
Local nuance
Houston County-specific considerations
Two cover sheets, or the court will not look at the filing. This is the Houston County requirement that most often stalls a case, and the court states it in its own words: its checklist requires a Civil Case Information Sheet with all original applications (citing Texas Rule of Civil Procedure 78a, a rule repealed effective December 11, 2018; the court's own requirement stands), "Houston County Court at Law requires a Supplementary Probate Court Information Sheet", and "The Court will not consider an SEA unless both cover/information sheets are on file". The supplementary sheet is not published on the county's website, so ask the County Clerk for it at (936) 544-3255, extension 241, rather than assuming a generic cover sheet will do.
The filing counter closes early on Friday, and the courthouse has one way in. The County Clerk publishes office hours of 8:15 a.m. until 4:15 p.m. but a separate filing and recording cutoff: Monday through Thursday 8:15 a.m. to 4:15 p.m. and Friday 8:15 a.m. to 3:00 p.m. If you are walking an original will in on a Friday, that is a 3:00 p.m. deadline, not 4:15. The county also publishes its access instruction: the courthouse has one entrance open, on the west side, reached underneath the stairs through the accessible entrance, and once inside you take one flight of stairs or the elevator to floor 1.
A small estate affidavit here usually has no hearing, and you must not set one. The court's checklist states: "The Court usually does not require a hearing on SEA applications, but in some circumstances the Court may require a hearing before an SEA will be approved. If a hearing is needed, the Court will contact you to set a hearing. Do not set a hearing unless the Court has asked you to do so." The same document is unusually candid about the risk of filing one at all, warning that many affidavits are denied for problems that cannot be corrected and that the applicants lose their filing fees.
The court has a published rule about minor heirs that changes what is possible. Verbatim from the checklist: "The Houston County Court at Law will not approve an SEA with a minor heir unless all estate assets the minor heir(s) will inherit can be placed in the registry of the Court until the heir turns 18." The same document adds two other hard stops: if a distributee cannot be located, or if a distributee survived the decedent but has since died with no personal representative appointed, the small estate affidavit route is unavailable and an application to determine heirship is required, and it states that an applicant for determination of heirship must be represented by an attorney.
Two courts, one counter, and a contest that stays in the building. Because Houston County has a county court at law and no statutory probate court, the County Court at Law of Houston County and the Houston County Court have concurrent original probate jurisdiction (Estates Code § 32.002(b); Government Code §§ 25.1151, 25.0003(d)), and a contested matter is transferred to the county court at law rather than sent to a visiting judge or to a district court (§ 32.004). Filings go to the Houston County Clerk either way, because the district clerk serves as clerk of the county court at law only in family law cases and proceedings (§ 25.1152(j)). The district courts seated in Crockett, the 3rd and the 349th, do not open estates.
One published document to treat with care. The County Clerk's page still links a signed "Houston County Order in Probate Cases Regarding Citation by Posting", made on April 3, 2020 under a Supreme Court emergency miscellaneous order, which modified where a posted citation is displayed. By its own terms it lasts only as long as that emergency order, and the county web address it names no longer resolves, so do not assume it governs your case. Ask the County Clerk how citation is posted today before you rely on it.
Recent updates
| Change | What it means in Houston County |
|---|---|
| County clerk fee schedule effective January 1, 2024 | The Houston County Clerk republished its fee schedule with a printed effective date of 1/1/24, including the probate and civil section that prices an application for probate, guardianship or mental health at $360.00 and itemises every service fee with its statutory authority. The clerk's page also notes that, because of legislative changes, recording fees decreased by $1.00 from January 1, 2024 |
| New courthouse and annex suite addresses | The county published a news item, "New Addresses for Courthouse & Annex", assigning suites at the courthouse at 401 East Houston Avenue (County Clerk Suite D, District Clerk Suite E, County Court at Law Suite H) and at the annex at 401 East Goliad Avenue (County Judge Suite 201, tax office, elections and treasurer). Estates are filed at the courthouse, not the annex |
| One courthouse entrance | The county states that the courthouse now has one entrance open, on the west side, reached underneath the stairs through the accessible entrance, with one flight of stairs or the elevator to floor 1 inside. Allow extra time if you are hand-delivering an original will near the Friday 3:00 p.m. filing cutoff |
| Photo identification required to record real property documents in person, from September 1, 2025 | The County Clerk publishes that Senate Bill 16 took effect September 1, 2025, making photo identification mandatory for in-person real property filings statewide and requiring clerks to record the identification and to reject documents where a person refuses to show it. This affects deeds recorded in the course of settling an estate rather than the probate filing itself |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Houston County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Crockett-area home was held with a right of survivorship or passed under a recorded transfer on death deed, it goes to the survivor outside the estate and no court is involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies in the County Court at Law of Houston County, filing with the County Clerk in Suite D with the Civil Case Information Sheet and the court's Supplementary Probate Court Information Sheet. The wet-ink original will follows to the clerk within three business days of the electronic application (Texas Rule of Civil Procedure 21(f)(12)), minding the Friday 3:00 p.m. counter cutoff. Budget about $468.00, which is the $360.00 the county publishes for the application (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus $8.00 to issue the citation and $100.00 to post it. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Houston County filing, including the cover sheets the court requires. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Much of this can be done from out of state. If the parent died without a will and the estate is modest, the County Court at Law publishes its own small estate affidavit form and a six-page checklist, and it usually decides these without a hearing, contacting you only if one is needed. Read the checklist first: every distributee with legal capacity and two disinterested witnesses must sign before a notary, every asset needs a stated value, and a minor heir's share has to be capable of going into the court's registry. Attorneys must e-file through eFileTexas.gov; an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and Houston County publishes no policy of its own on paper filings, so call the County Clerk at (936) 544-3255, extension 241, first. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time, which matters here because the county warns that denied affidavits forfeit the filing fee. Attorney referral where an heirship determination turns out to be the real answer, since the county states that route requires counsel. |
| Parent settling a predeceased child's estate, home must be sold | Selling real property means someone needs the authority document, so this goes through an administration in the County Court at Law of Houston County rather than an affidavit. The parent applies through the County Clerk, the citation is issued and posted (the $8.00 and $100.00 items on the county's schedule), and at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order enough sets of letters at $2.00 each, because the title company will want a recent set. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)), and the county charges $27.00 if it is late. An application for sale of real property is priced at $135.00 on the same schedule, a total that includes the sheriff's posting and copy charge. | Asset discovery for the child's accounts, insurance and real property, including parcels outside Houston County. Packet generation for the administration, the inventory and the sale application. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters here because a contested matter is transferred to the county court at law under Estates Code § 32.004. |
Self-help resources
| Resource | What it offers |
|---|---|
| Houston County Clerk (co.houston.tx.us), (936) 544-3255, extension 241 for probate | The filing office for estates in Houston County: the Suite D address, the 8:15 a.m. to 4:15 p.m. counter with the Friday 3:00 p.m. filing cutoff, the fee schedule, the small estate affidavit documents, the online records search and the fee waiver form. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| County Court at Law of Houston County (co.houston.tx.us), (936) 544-3255, extension 230 | The court that hears estates here: its published jurisdiction list naming probate matters and guardianships as cases filed through the County Clerk's office, its small estate affidavit form and checklist, its guardianship forms, its ad litem rotation list and its dockets |
| Small Estate Affidavit Checklist (co.houston.tx.us) | The single most useful local document for a family settling a small intestate estate here: six pages of the court's own requirements, including the two mandatory cover sheets, the asset and liability detail expected, the minor heir registry rule, the two disinterested witnesses and the Texas descent and distribution charts |
| Houston County Clerk fee schedule (co.houston.tx.us) | The county's own fee schedule effective January 1, 2024, with the $360.00 application fee, each service item and the statute behind it, and the county's printed e-filing exceptions |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Houston County probate application is filed |
| Houston County online records search (public.lgsonlinesolutions.com) | The records search the County Clerk links, labelled Criminal and Civil. A guest login shows index information only and images are purchased after registration. The clerk does not publish whether probate case types are included, so confirm with the office |
| re:SearchTX (research.txcourts.gov) | The statewide court records portal, run by the Office of Court Administration with Tyler Technologies. Free registration is required, documents are charged for, and the portal states that it provides an unofficial copy and that the clerk of the court is the official custodian. Coverage is set county by county, so confirm anything important with the Houston County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system. The Houston County Clerk links this site from its own page under self-help |
| TexasLawHelp.org, wills, estate planning and probate (texaslawhelp.org) | Plain-language Texas probate articles and self-help toolkits from the Texas Legal Services Center, a non-profit. The Houston County Clerk links it as free legal help. Useful for orientation; it is not a court site and its materials are not court-approved forms |
| Lone Star Legal Aid (lonestarlegal.org), 1-800-733-8394 | Free civil legal help for eligible low-income residents. Lone Star Legal Aid lists Houston County under its Nacogdoches office, and the County Clerk publishes the same office as the local legal aid office at 414 East Pilar St., Nacogdoches, TX 75961, (936) 560-1455. Confirm it can take a decedent's estate matter before relying on it |
| State Bar of Texas Lawyer Referral and Information Service (texasbar.com), (800) 252-9690 | Referrals to Texas attorneys, Monday through Friday 8:30 a.m. to 4:30 p.m. Central, Spanish spoken. The initial consultation is capped at $20 for 30 minutes. It is a referral service, not a reduced-fee or pro bono program. The County Clerk links the State Bar from its own page |
| Texas law libraries directory (guides.sll.texas.gov) | The Texas State Law Library's curated directory of law libraries. It lists no law library in Houston County; its East Texas entries include the Smith County Law Library at 100 North Broadway, Tyler, (903) 590-1750, and the Gregg County Law Library at 101 E. Methvin, Suite 202, Longview, (903) 236-8460. The directory is curated rather than exhaustive, so contact a library directly about public access |
| Texas Estates Code (statutes.capitol.texas.gov) | The statute itself, including the court structure provisions in chapter 32, venue in chapter 33, small estate affidavits in chapter 205, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Houston County is unusually direct about when a family needs a lawyer, and the court says so in its own published materials. Its small estate affidavit checklist warns that the complexity of the Estates Code "poses many pitfalls for non-lawyers" attempting to comply, that many affidavits are denied for problems that cannot be corrected while the applicants lose their filing fees, and that an attorney's assistance in drafting an affidavit may prevent a denial. It also states flatly that an applicant for a determination of heirship must be represented by an attorney, which is where a family lands whenever a distributee cannot be found or a distributee who survived the decedent has since died without a personal representative. Beyond those, counsel earns its keep when a will or an appointment is likely to be challenged, when real property has to be sold or divided, when the estate is insolvent or a creditor is pressing, when a business or out-of-state property is involved, or when a guardianship has to run alongside the estate. The contested-matter route is worth understanding early: if a matter becomes contested, the judge of the county court may on the judge's own motion, and shall on the motion of any party, transfer the contested matter, or the entire proceeding, to the county court at law (Estates Code § 32.004). County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Houston County and the surrounding East Texas counties.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Houston County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Crockett.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted to Houston County's own requirements, including the Civil Case Information Sheet and the Supplementary Probate Court Information Sheet the County Court at Law requires with an original application, ready to file with the Houston County Clerk.
Find a local probate attorney. When a matter is contested, when an heirship determination is needed, or when the estate otherwise calls for counsel, Sunset connects families to a vetted Texas probate attorney serving Houston County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Houston County, Texas?
With the Houston County Clerk at the Houston County Courthouse, 401 East Houston Avenue, Suite D, Crockett, TX 75835. This is Houston County in East Texas, not the city of Houston, which is in Harris County. Two courts share original probate jurisdiction here, the County Court at Law of Houston County and the Houston County Court, the constitutional county court (Estates Code § 32.002(b); Government Code §§ 25.1151, 25.0003(d)), and the county routes estates to the County Court at Law, which lists probate matters among the cases filed through the County Clerk's office. File in Houston County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Which court hears probate in Houston County, the county court or the county court at law?
Legally, either. Government Code § 25.1151 gives Houston County one statutory county court, the County Court at Law of Houston County, and § 25.0003(d) gives a statutory county court the probate jurisdiction provided by general law, concurrent with the county court, which the Estates Code states as concurrent original jurisdiction (§ 32.002(b)). In practice the county sends estates to the County Court at Law: its own page lists probate matters and guardianships among the cases filed through the County Clerk's office, and its small estate affidavit form is styled in that court. Houston County has no statutory probate court. Either way the filing goes to the County Clerk in Suite D.
Is e-filing required for probate in Houston County?
For attorneys, yes, through eFileTexas.gov, as in every Texas county. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Houston County publishes no county-specific mandate date and no policy of its own on paper filings by self-represented filers, so call the County Clerk at (936) 544-3255, extension 241, before turning up with paper. The county does print its exceptions on its fee schedule: wills are not required to be filed electronically, and documents filed under seal or in camera, or to which access is restricted, must not be filed electronically.
What do I do with the original will in Houston County?
You e-file the application with a copy of the will attached, then get the wet-ink original to the County Clerk. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and Houston County prints its own version on its fee schedule: if a will is filed electronically, the original must be presented to the clerk's office within 3 business days after the application is filed. Deliver or send it to 401 East Houston Avenue, Suite D, Crockett, TX 75835, and remember that filing closes at 3:00 p.m. on Fridays.
How much does it cost to file probate in Houston County?
$360.00 to open the case, published by the county on its own fee schedule effective January 1, 2024 and stated there to exclude citation and service. That figure is the statewide statutory base and is the same in every Texas county: a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137.00 state consolidated fee (§ 133.151(a)(1)). Houston County adds $8.00 to issue a citation and $100.00 to post or serve each one, so a first filing with one citation runs about $468.00. Letters cost $2.00 each, an heirship determination or guardianship needs a $500.00 ad litem deposit into the court registry, and a later contested or adverse probate action is $120.00. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145), which the clerk publishes.
Are there local probate forms in Houston County?
Yes for a small estate affidavit and for guardianships, no for a will. The County Court at Law publishes its own Small Estate Affidavit form, updated June 23, 2022, and a six-page checklist updated January 14, 2016, plus a full guardianship form library. It publishes no application, order or oath for probating a will, because Texas has no comprehensive statewide set of probate procedure forms and the county has not created one, so those documents are drafted. The court's checklist requires two cover sheets with an original application: a Civil Case Information Sheet (the checklist cites Texas Rule of Civil Procedure 78a, a rule repealed in December 2018, but the court still asks for the sheet) and the court's Supplementary Probate Court Information Sheet, which is not posted online and has to be requested from the clerk.
Will there be a hearing on a small estate affidavit in Houston County?
Usually not, and you should not set one yourself. The court's checklist states that it usually does not require a hearing on small estate affidavit applications, that it may require one in some circumstances, that it will contact you to set a hearing if one is needed, and that you should not set a hearing unless the court has asked you to. The same document warns that many affidavits are denied for problems that cannot be corrected and that the applicants lose their filing fees, and it sets a hard rule about minor heirs: the court will not approve an affidavit with a minor heir unless everything the minor inherits can be placed in the court's registry until the heir turns 18.
What are the Houston County Clerk's hours, and when does filing close?
The County Clerk publishes office hours of 8:15 a.m. until 4:15 p.m., and a separate filing and recording cutoff: Monday through Thursday 8:15 a.m. to 4:15 p.m., and Friday 8:15 a.m. to 3:00 p.m. (verified July 2026). The County Court at Law publishes its own hours of Monday through Friday, 8:00 a.m. to 5:00 p.m., which are the court's hours rather than the counter's. The courthouse has one entrance open, on the west side, under the stairs through the accessible entrance.
How do I look up a Houston County probate case online?
There is no confirmed online probate case search. The County Clerk links an Online Records Search run by LGS, labelled Criminal and Civil, where a guest login shows index information only and images are bought after registration; the clerk's own guide notes that each elected official decides which record types go online, and the clerk does not publish whether probate is among them. Documents e-filed in a Houston County probate case may also be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents, and states that it supplies an unofficial copy and that the clerk of the court is the official custodian. For a definitive answer, call the Houston County Clerk at (936) 544-3255.
What happens if someone contests the will in Houston County?
The contested matter moves to the county court at law, which is the shortest of the three Texas contested-matter routes. Under Estates Code § 32.004, when a matter in a probate proceeding is contested, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law, and may also transfer the entire proceeding there; the county court at law then hears it as though it had been originally filed there. Houston County does not use the route that applies in counties with no county court at law, which is assignment of a visiting statutory probate court judge or transfer to a district court. The 3rd and 349th District Courts sit in Crockett but do not open estates.
Do I have to travel to Crockett to settle an estate in Houston County?
Less than you might think, but not never. Applications are filed electronically through eFileTexas.gov, the court usually decides a small estate affidavit without a hearing, and questions go to the County Clerk at (936) 544-3255, extension 241, or the court coordinator at extension 230. Two things still tie the case to Crockett: the original will must reach the County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), and if the court sets a hearing there is no published telephone or video alternative, so plan on appearing in Suite H on the 2nd floor of the courthouse at 401 East Houston Avenue.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.