When a loved one dies in Fort Bend County, the will is probated, or the heirs are determined, in the county where the person lived. Fort Bend County has its County Courts at Law, which hear probate cases (there is no separate statutory probate court). Several Fort Bend County Courts at Law hold uncontested probate hearings by Zoom, while others still require in-person hearings, so the format depends on which court the case is assigned to. Our office is in San Antonio, and we handle uncontested probate in Fort Bend County for families in Sugar Land, Missouri City, Richmond, Rosenberg, Fulshear and part of Katy without requiring the family to travel for most hearings. Court procedures change, so we confirm the format with the court when the hearing is set.
What families should know
Most estates go through probate in a short, uncontested hearing. The person named as executor, or an heir asking to serve as administrator, testifies briefly that the person died, where they lived, and the other facts the Estates Code requires. In Fort Bend County, that hearing can often be held by video, so the executor can attend from home or work, even if they live outside Texas.
We do the court work from our San Antonio office: we prepare and e-file the application, arrange for the original will to be delivered to the Fort Bend County Clerk, prepare the proof of death and other facts, the oath and the proposed order, and handle the notices the court requires. Before the hearing we walk the applicant through the testimony, which usually takes a few minutes.
Not every case qualifies. A will contest, a dispute among heirs or an unusual fact pattern can mean an in-person hearing or a contested proceeding. A will that was not signed with a self-proving affidavit may also require live testimony from a witness. We review the will and family situation at the free consultation and tell you what to expect.
Keep the original will in a safe place and do not mail it anywhere until we tell you where it goes. Most Fort Bend County courts will not set a hearing until the original is on file with the clerk, and a lost original makes the case slower and more expensive.
The legal detail
Where the case is filed
A will is probated, and letters testamentary or of administration are granted, in the county where the decedent resided if the decedent had a domicile or fixed place of residence in Texas (Tex. Est. Code § 33.001). A Fort Bend County resident's estate therefore belongs in Fort Bend County, even if the executor lives elsewhere.
How Fort Bend County courts handle uncontested hearings
Texas Rule of Civil Procedure 21d makes in-person appearance the default unless the notice of the hearing says otherwise, and lets each court allow or require participation by videoconference. Each Fort Bend County court sets its own practice. The table summarizes what the courts publish, as reviewed in November 2026.
| Court | Hearing format | What the court requires |
|---|---|---|
| County Court at Law No. 1 | Zoom every other week | Uncontested matters Monday mornings; the court offers both a Zoom date and an in-person date. The executor generally appears personally. |
| County Court at Law No. 3 | Zoom | Uncontested probate hearings are held by Zoom at 11:00 a.m. (Wednesdays for letters and muniments, Thursdays for administrations and heirships). |
| County Court at Law No. 5 | Zoom or in person | In-person and Zoom hearings on all docket days. |
| County Courts at Law No. 2, 4 and 6 | In person | Uncontested probate hearings are in person. |
Testimony, the oath and the original will
The applicant must file the will with the application if it is in the applicant's control (Tex. Est. Code § 256.053). Testimony at a will hearing is committed to writing at the time it is taken and subscribed and sworn to in open court (Tex. Est. Code § 256.157); courts differ on whether the written proof is signed before, during or after a video hearing. An executor or administrator may qualify by taking an oath or, since 2023, by signing an unsworn declaration, within the period after the order granting letters (Tex. Est. Code §§ 305.002, 305.003, 305.051). A will generally must be offered for probate within four years of death to obtain letters (Tex. Est. Code § 256.003).
When there is no will
If the decedent left no will, the court determines the heirs in an heirship proceeding, usually with an attorney ad litem appointed to represent unknown heirs and testimony from disinterested witnesses who knew the family. Whether those witnesses may testify from home or must be with the attorney depends on the court, as shown above.
How it works with our office
- Free consultation by phone or Zoom. We review the will or family tree, the assets and who will serve.
- Filing. We e-file in Fort Bend County and arrange delivery of the original will to the clerk.
- Notice and waiting period. The clerk issues and posts the required citation, and the hearing is set after the return date.
- Hearing. The applicant and any witnesses join by Zoom where the court allows it. We prepare them in advance.
- Letters and next steps. After the order, the executor qualifies and receives letters, and we help with notices to creditors, the inventory or affidavit in lieu, and transferring real estate and accounts.
Frequently asked questions
Can you handle a Fort Bend County probate from San Antonio?
Yes. Texas attorneys can practice in any Texas county, and filing is electronic. For uncontested cases, the hearing in most Fort Bend County courts can be held by video.
Will my Fort Bend hearing be by Zoom?
It depends on which County Court at Law the case is assigned to. Courts No. 1, 3 and 5 offer Zoom hearings; Courts No. 2, 4 and 6 hold uncontested probate hearings in person. We tell you which applies once the case is filed.
What if the executor lives out of state?
A nonresident can serve as executor in Texas but must appoint a resident agent for service of process. The executor can usually attend the video hearing from home.
How long does it take?
Uncontested cases often take about one to three months from filing to letters, depending on the court's docket, the required notice period and whether the original will and documents are in order.
Need to probate an estate in Fort Bend County?
We help families in Sugar Land, Missouri City, Richmond, Rosenberg, Fulshear and part of Katy probate wills and prove heirship, usually without a trip to the courthouse. The first consultation is free.
Schedule a Free ConsultationLaw Office of Todd Worrich · 1045 Cheever, Suite 208, San Antonio, Texas 78217
Keep reading
- Probate & Heirship services
- Does Every Estate Need Probate in Texas?
- Texas Probate When You Live Out of State
- Harris County probate by Zoom
- Dallas County probate by Zoom
- Collin County probate by Zoom
- Denton County probate by Zoom
- Montgomery County probate by Zoom
- Hidalgo County probate by Zoom
- Cameron County probate by Zoom
- Bexar County probate by Zoom
Official sources
About the author
Todd Worrich is a San Antonio native and Texas attorney. He earned his undergraduate degree from Texas A&M University, his law degree from St. Mary’s University School of Law and an LL.M. in Taxation from SMU Dedman School of Law, and he has been recognized multiple times by Texas Super Lawyers. His practice focuses on estate planning, probate and helping Texas families recover oil and gas royalties. More about Todd
This page is general information about Texas law and court procedures, not legal advice for your situation, and reading it does not create an attorney-client relationship. Court procedures change; we confirm each court's current requirements when a hearing is set. Results depend on the facts of each matter. Our office is located in San Antonio, Texas; we do not have an office in Fort Bend County. Attorney responsible for this content: Todd Worrich, San Antonio, Texas.
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