Travis County Probate & Estate Planning Attorney

Looking for a Travis County probate attorney? Henington Lewis Law Firm helps families across Travis County probate wills, settle estates and establish heirship, and helps people plan ahead so their own families can avoid probate. Our office on Loop 360 in Austin is a short drive from downtown and the Travis County courts.

Probate in the Travis County Probate Courts

Travis County is one of the Texas counties with its own statutory probate courts. Travis County Probate Court No. 1 and Probate Court No. 2 hear probate, guardianship and related cases, and they follow their own local rules and procedures. A Travis County probate attorney who files there regularly can keep your case moving and help you avoid the corrections and resets that slow estates down.

If someone close to you has died, start with our guide to what to do after someone dies in Texas, then call us. We will tell you which route fits, what it should cost and how long it should take.

How Probate Works in Travis County

Most probates follow the same basic steps. A Travis County probate attorney on our team handles each one for you:

1. Application. We file the application to probate the will, or to determine heirship, with the Travis County Clerk. In Texas, a will generally must be offered for probate within four years of the death (Texas Estates Code Chapter 256).
2. Notice and hearing. The clerk posts notice of the application. After the notice period runs, usually about two weeks, we attend a short hearing where the executor testifies and the judge admits the will.
3. Letters testamentary. The executor takes an oath and receives letters testamentary, which banks, title companies and brokerages ask to see before they release assets.
4. Notices and inventory. The executor must publish notice to creditors within one month and notify beneficiaries within 60 days. An inventory, or an affidavit in lieu of inventory when the estate qualifies, is due within 90 days.
5. Paying debts and distributing property. We help the executor pay valid debts, transfer real estate and accounts, and close the estate.

For a fuller walkthrough, read our guides to the probate process in Texas and what happens at a probate hearing.

Probate Options for Travis County Families

Not every estate needs a full probate. A Travis County probate attorney can tell you which of these routes fits your family:

• Probate with independent administration. The most common route when there is a valid will. The executor handles the estate with limited court supervision (Estates Code Chapter 401).
• Title probate. A muniment of title admits the will as proof of who owns the property, without appointing an executor, when the estate has no unpaid debts other than debts secured by real estate.
• Probate with dependent administration. The court supervises each step. This is used when the will doesn’t allow independent administration, the heirs can’t agree, or the court requires it.
• Small estate affidavit. When there is no will and the estate is worth $75,000 or less, not counting the homestead and exempt property, the heirs may be able to use a small estate affidavit approved by the court (Estates Code Chapter 205).
• Heirship. When there is no will, heirs are established through an affidavit of heirship recorded in the Travis County property records, or through a court heirship proceeding (Estates Code Chapter 202).

Estate Planning for Travis County Residents

The best way to spare your family a Travis County probate case is to plan ahead. Every plan we write is designed by an attorney who also handles probate, so we know what actually causes problems in court.

• Revocable living trusts. A funded trust lets your successor trustee transfer your home and accounts without a court case, and keeps your estate out of public court records.
• Deeds that avoid probate. A transfer on death deed or a lady bird deed can pass your house without probate. A transfer on death deed must be recorded in the Travis County deed records before your death to work.
• Beneficiary designations. Retirement accounts, life insurance and many bank accounts pass by beneficiary form. We check that yours match your plan.
• Incapacity documents. Powers of attorney and medical directives let someone you trust act for you without a guardianship case in the Travis County Probate Courts.

Cities We Serve in Travis County

• Austin
• West Lake Hills and Rollingwood
• Lakeway
• Bee Cave
• Pflugerville, Manor and Lago Vista
• The Travis County parts of Cedar Park and Round Rock

Estate Planning and Probate Services for Travis County

Every plan is designed and reviewed by a Travis County estate planning attorney on our team. Our services include:

• Wills, including pour-over wills that work with your trust
• Revocable living trusts, with help retitling your home and accounts into the trust
• Statutory durable powers of attorney, medical powers of attorney, directives to physicians and HIPAA releases
• Asset protection and planning for business interests
• Probate: title probate, probate with independent administration and probate with dependent administration
• Heirship and affidavits of heirship when someone dies without a will
• Contested probate and will contests

Why Travis County Families Choose Our Estate Planning Attorneys

• You work with an attorney. Samantha Lewis or Turner Henington meets with you, designs your plan and walks you through every document before you sign.
• Planning and probate under one roof. We write estate plans and we handle probate, so we draft knowing what actually happens in Texas courts after a death.
• A clear price up front. You get a flat-fee quote for your estate plan before you commit.
• Free community seminars. We teach free estate planning seminars around the Austin area, so you can learn the basics before you ever book a meeting.
• Meet in person or by video. Plan from home if that is easier, and come in once to sign.

Read what clients say in the reviews on this page, or call (512) 737-8404 to talk with an estate planning attorney who serves Travis County.

Meeting With Us From Travis County

Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, Austin, TX 78746, on Loop 360. From most of Travis County it is a short drive on Loop 360, MoPac (Loop 1) or Highway 71. We also meet by video for clients who prefer to plan from home, and we can help arrange signings.

Call (512) 737-8404 or send us a message to set up a consultation with a Travis County estate planning attorney on our team.

Frequently Asked Questions

Which court handles probate in Travis County?

Travis County has two statutory probate courts, Probate Court No. 1 and Probate Court No. 2. They hear probate, guardianship and related cases. Applications are filed with the Travis County Clerk.

How long does probate take in Travis County?

A simple probate with independent administration often reaches the hearing within a few weeks of filing, and many estates are wrapped up within six months to a year. Estates with disputes, real estate to sell or a dependent administration take longer.

Do I need a Travis County probate attorney, or can I file myself?

Texas courts generally require an executor to be represented by an attorney in probate, because the executor acts for other people with an interest in the estate. A Travis County probate attorney prepares the filings, attends the hearing with you and handles the deadlines that follow.

What if the will was never probated and it has been more than four years?

A will generally must be offered for probate within four years. After that, it may still be admitted as a muniment of title in limited circumstances, or the heirs may need an heirship proceeding. Read what happens if the executor does not probate the will.

Can I put my Travis County home in a trust and keep my homestead exemption?

Yes. Texas allows a qualifying trust to hold your residence homestead, and you may need to file a new homestead application with the Travis Central Appraisal District after the transfer.

How much does probate cost in Travis County?

It depends on the route, whether there are disputes and how much property must be transferred. We explain the likely cost before we file, so there are no surprises.

Other Areas We Serve

• Austin estate planning and Austin probate
• Williamson County probate and estate planning
• Hays County probate and estate planning