Hays County Probate & Estate Planning Attorney

Looking for a Hays County probate attorney? Henington Lewis Law Firm helps families in Dripping Springs, Kyle, Buda, San Marcos and Wimberley probate wills, settle estates, clear land titles and plan ahead with wills and living trusts.

Probate in the Hays County Courts at Law

Hays County does not have a separate statutory probate court. Probate applications are filed with the Hays County Clerk, and the cases are heard by the Hays County courts at law at the Government Center in San Marcos. Those courts also hear criminal and civil cases, so probate shares their calendars. A Hays County probate attorney who prepares the file completely before the hearing can save you a second trip.

Land, ranches and family property

Many Hays County estates include acreage, family land held for generations or more than one home on a property. Those estates raise questions a house in town doesn’t: keeping an agricultural or wildlife valuation, dividing land among several heirs, and clearing title that may still be in a grandparent’s name. We plan for those issues before filing.

How Probate Works in Hays County

Most probates follow the same basic steps. A Hays 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 Hays 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 Hays County Families

Not every estate needs a full probate. A Hays 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 Hays County property records, or through a court heirship proceeding (Estates Code Chapter 202).

Estate Planning for Hays County Landowners and Families

Planning ahead is the easiest way to keep your family out of the Hays County courts. A Hays County estate plan often needs to cover:

• Land held by several children. A trust or family LLC can keep ownership equal while setting clear rules for managing, leasing or selling the land.
• Agricultural and wildlife valuations. We plan so the people inheriting know what they must do to keep the valuation.
• Deeds that avoid probate. Compare lady bird deeds and transfer on death deeds with a funded living trust.
• Young families in Kyle and Buda. Guardians for your children, trusts for their inheritance, and beneficiary designations that match your plan.

Cities We Serve in Hays County

• Dripping Springs
• Kyle and Buda
• San Marcos
• Wimberley
• Driftwood and the Highway 290 corridor

Estate Planning and Probate Services for Hays County

Every plan is designed and reviewed by a Hays 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 Hays 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 Hays County.

Meeting With Us From Hays County

Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, Austin, TX 78746, on Loop 360. From Dripping Springs it is about a half-hour drive in on Highway 290; from Kyle and Buda, take I-35 or MoPac (Loop 1) north. 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 Hays County estate planning attorney on our team.

Frequently Asked Questions

Which court handles probate in Hays County?

Hays County does not have a separate statutory probate court. Probate cases are filed with the Hays County Clerk and heard by the Hays County courts at law at the Government Center in San Marcos.

Will our land keep its agricultural valuation after we die?

Not automatically. The valuation generally continues if the land keeps its qualifying use, but the new owners may need to file with the Hays Central Appraisal District, and a change in use can trigger rollback taxes. We plan for this in advance.

Can we avoid probate on land in Hays County?

Yes. A funded revocable trust, a transfer on death deed or a lady bird deed can each pass real estate without probate. A transfer on death deed must be recorded in the Hays County deed records before death. Read how to avoid probate on real estate in Texas.

The title to our family land is still in a grandparent’s name. What can we do?

That is common in Hays County. Depending on what records exist, we can clear title through probate, a muniment of title, an affidavit of heirship or a court heirship proceeding. A Hays County probate attorney can tell you which fits after reviewing the deed history.

How long does probate take in Hays County?

Uncontested probates with independent administration usually reach the hearing within a few weeks of filing, depending on the court calendar. Estates that need land sold or titles cleared can take longer.

Do you meet with clients in Kyle, Buda or San Marcos?

Our office is on Loop 360 in Austin. Many Hays County clients plan with us by video and come in once to sign, and we attend probate hearings in San Marcos.

Other Areas We Serve

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