Montgomery County, Texas - County Clerk

County Clerk
Probate Court Records

Overview	Probate records in Montgomery County exist from 1839 to present. Jurisdiction for Probate courts includes probate matters and matters involving the guardianship of incapacitated persons and minors. Probate and guardianship cases deal with protecting the wishes, rights, and obligations of persons regarding their property when these persons are unable to do so as a result of death or incapacitating illness, either physical or mental.
Fee payment	Please provide separate checks for filing fees the service fees. The check for filing fees may be made to Mark Turnbull, County Clerk and the check for posting may be made to the Montgomery County Constable.
Probate Search Fee	The County Clerk's office will certify to an individual or company the results of a civil record search. Search Policy Search Form

Probate Court Fees (Fee's Effective January 1, 2008)	Clerk's Fee	Constable's Fee
Probate of will	219.00	65.00
Probate of foreign will	219.00
Probate of will as a muniment of title	219.00	65.00
Administration (temp or perm)	219.00	65.00
Administration w/will annexed	219.00	65.00
Community administration	214.00
Declaration of heirship Within an existing probate more than 120 days old	219.00 50.00
Disinterment	192.00
Small estate affidavit (Prob 137)	219.00
Small Probate (Section 887)	219.00
Guardianship of minor (temp or perm)	219.00	65.00
Guardianship of Incapacitated (temp or perm)	219.00	65.00
Sale of minor's property (Prob 889a)	219.00
Contest/adverse action/law suit	40.00
Original answer / any discovery
Personal citation	4.00
Notice	4.00	65.00
Subpoena	5.00
Letters testamentary, guardianship, administration	2.00
Claim	2.00
Jury fee	22.00
Court-ordered delayed birth certificate	20.00
Court-ordered delayed death certificate	1.00
Copies (per page)	1.00
Certification for copies	5.00
Faxed copies (per page)	2.00
Misc. filing for Judge's signature (per signature)	2.00
Oath	2.00
Bond	5.00
Search fee (per name) (The County Clerk's office will certify to an individual or company the results of a probate record search)	5.00
After the 90th Day or if the Court Grants an Extension, After the date of the Extended Deadline Inventory (or Amended)	27.00
Filing fees for pending action (Loc Gov 118.051, 118.056) After the 120th day of the original action, the following will apply:
Annual account or amended	27.00
Final account or amended	27.00	65.00
Annual report or amended	12.00
Final report or amended	12.00
Sale of real property	27.00	65.00

A document filed after the filing of an order approving inventory and appraisement OR after the 120th day after the date of the initial filing (whichever comes first), if more than 25 pages.	25.00

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