Overview
Travis County is the fifth-most populous county in Texas, home to the state capital of Austin. The county operates two statutory probate courts that handle decedents' estates, guardianships, mental health commitments, and eminent domain proceedings.
The most common probate method in Travis County is independent administration, where the executor manages and distributes the estate after appointment with minimal ongoing court involvement. Dependent administration is used when court supervision is required. Muniment of title offers a streamlined option for estates with a valid will and no unpaid unsecured debts.
Texas is a community property state, meaning a surviving spouse already owns half of all community property. The state has no income tax and no estate or inheritance tax.
For intestate estates with personal property valued at $75,000 or less (excluding homestead and exempt property), a small estate affidavit may be used instead of formal probate. The Travis County Probate Courts have been expanding to accommodate the county's growing population, and both courts are located in downtown Austin.
This guide provides general informational context and is not intended as legal advice. Individuals should consult a licensed attorney for advice on their specific probate matters.
Courthouse Information
Travis County Probate Courts
Travis County has two statutory probate courts:
- Probate Court No. 1 — 200 W. 8th Street, Second Floor, Austin, TX 78701 — Phone: (512) 854-9258
- Probate Court No. 2 — 200 W. 8th Street, Fourth Floor, Austin, TX 78701 — Phone: (512) 854-5512
Mailing Address: P.O. Box 1748, Austin, TX 78767
The County Clerk's Probate Division manages filings and records:
- Phone: (512) 854-5958
- Website: countyclerk.traviscountytx.gov/departments/probate
Hours: Monday through Friday, 8:00 AM to 5:00 PM
For more information, visit the Travis County Probate Court website.
Filing Process
How to File for Probate in Travis County
Step 1: Determine the Probate Method
- Independent Administration: Executor manages the estate independently after appointment.
- Dependent Administration: Court-supervised process for situations requiring oversight.
- Muniment of Title: Simplified process for wills with no unpaid unsecured debts.
- Small Estate Affidavit: For intestate estates with personal property under $75,000.
- Determination of Heirship: For estates where the decedent died without a will.
Step 2: File Electronically
All probate filings should be submitted through eFileTexas.gov. Travis County provides e-filing guidance at countyclerk.traviscountytx.gov/departments/probate/probate-efiling. The original will must be filed with the County Clerk separately.
Step 3: Serve Notices
- Post citation at the courthouse for at least 10 days before the hearing.
- For heirship proceedings, publish citation in a newspaper of general circulation.
Step 4: Attend the Probate Hearing
The court schedules hearings after the citation period expires. Uncontested matters may be resolved relatively quickly.
Step 5: Publish Notice to Creditors
Within 30 days of receiving letters, publish notice to creditors in an approved newspaper. Creditors have four months to file claims.
Step 6: File Inventory and Complete Administration
File the inventory, appraisement, and list of claims within 90 days. Distribute assets and file a closing affidavit or report.
Local Requirements
Travis County Probate Local Requirements
- E-filing is mandatory for attorneys. Travis County provides specific e-filing guidance on the Probate Court website and the County Clerk's e-filing page.
- Travis County Probate Courts maintain local rules and e-filing rules, accessible through the Probate Court website.
- The Austin American-Statesman and Austin Chronicle are commonly used newspapers for legal publication of probate notices in Travis County.
- For questions about filing, fees, or document status, contact the County Clerk's Probate Division at (512) 854-5958.
- Travis County maintains a probate FAQ at countyclerk.traviscountytx.gov/departments/probate/probate-faq.
- Probate records can be searched online at countyclerk.traviscountytx.gov/departments/probate/probate-search-records.
- The Travis County Law Library provides filing fee information and other self-help resources.
Timeline & Fees
Filing Fees
Travis County probate filing fees (approximate):
- New Probate Application: Approximately $360
- Subsequent Filings: Varies by filing type
Fee details are available from the Travis County Clerk Probate Fee Information page or by calling (512) 854-5958.
Typical Timelines
- Muniment of Title: Approximately 30 to 60 days for uncontested cases.
- Independent Administration (simple estate): Approximately 6 to 9 months, including the four-month creditor claim period.
- Dependent Administration or Contested Cases: 12 to 24+ months, depending on complexity.
Travis County's growing population has increased probate court caseloads. Filing early and submitting complete applications can help minimize delays.
Local Resources
Helpful Resources for Travis County Probate
- Travis County Probate Court — Court information and local rules
- Travis County Clerk — Probate Division — Filing information and fee schedules
- Probate Fee Information — Detailed fee schedules
- Probate E-Filing Information — E-filing instructions
- Probate FAQ — Frequently asked questions
- Travis County Law Library — Filing Fees — Fee information and resources
- eFileTexas.gov — Electronic filing portal
This guide is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.