Austin Probate Attorney

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated October 2026

Not ready to book? Request a free probate case review. Answer a few questions and an attorney will tell you which route fits the estate.

Henington Lewis Law Firm PLLC is an estate planning and probate firm on Loop 360 in Austin. We probate wills, settle estates and establish heirship in Travis, Williamson and Hays Counties. Most families come to us with the same three questions: Does this estate have to go through probate? Which kind? And what will it cost? We answer all three at the first meeting, which is free.

Which Kind of Probate Does the Estate Need?

Most Texas estates with a will go through one of three routes: title probate, probate with independent administration or probate with dependent administration. The right one depends on what the will says, whether the estate owes money and whether the family agrees.

Title probate

Title probate, also called probating a will as a muniment of title, is the fastest and least expensive option when it fits. The judge admits the will, and the order serves as proof that the people named in the will now own the property. Nobody has to serve as executor. The law allows it only when the estate has no unpaid debts other than debts secured by real estate (Tex. Est. Code § 257.001). Read more in What Is a Muniment of Title in Texas?

Probate with independent administration

This is the most common route in Texas. The court appoints the executor and issues letters testamentary, and the executor then collects assets, pays bills, sells property if needed and distributes the estate without going back to court for each step (Tex. Est. Code § 401.001). Most wills we write call for it, and many wills written by other lawyers do too.

Probate with dependent administration

Dependent administration keeps the court involved from start to finish. It costs more and takes longer, but it protects everyone when the family doesn’t trust each other or the estate has more debts than assets. We compare the two in Independent vs. Dependent Administration in Texas Probate.

What If There Is No Will?

If the person died without a will, Texas law decides who inherits, and someone has to prove who the heirs are. There are three ways to do that:

• Court heirship proceeding. The court hears testimony about the family and signs a judgment declaring the heirs (Tex. Est. Code ch. 202). If the estate also needs an administrator, we usually ask for both in the same case.
• Affidavit of heirship. For real estate only, two people who knew the family sign a sworn statement that is recorded in the county property records (Tex. Est. Code ch. 203). It costs far less than a court case, but some title companies won’t accept it. See Texas Affidavit of Heirship.
• Small estate affidavit. If the estate, not counting the homestead and exempt property, is worth $75,000 or less, the heirs may be able to skip administration entirely (Tex. Est. Code ch. 205).

More on who inherits: Austin intestate succession lawyer.

How Much Does a Probate Attorney Cost in Austin?

At Henington Lewis Law Firm, probate is handled for a flat fee, quoted in writing after a free consultation, so you know the cost before anything is filed. The fee depends on the route: title probate usually costs the least and dependent administration the most.

Court costs. In Travis County, the base e-filing fee for a probate application is $360 under the 2026 fee schedule, plus the cost of posting notice, publishing the creditor notice and certified copies of letters. If the application comes more than four years after the death or offers a copy of the will instead of the original, the clerk also requires a $600 attorney ad litem deposit.

How Long Does Probate Take in Travis County?

Title probate often takes 1 to 3 months, probate with independent administration often takes 6 to 12 months, and dependent administration or a contested case takes a year or more. Most of that time comes from the notice periods and the deadlines below, and from collecting and selling assets.

What Happens After You Call Us

1. Free consultation. Meet us at our office on Loop 360, by phone or by video. Bring the death certificate, the original will (and any codicils), recent account statements, deeds, and a list of family members with their addresses. If you don’t have everything, come anyway.
2. A route and a flat-fee quote. We tell you which kind of probate fits and give you a written flat-fee quote before anything is filed.
3. We file the application in the county where the person lived: Travis County Probate Court No. 1 or No. 2, or the county courts at law in Williamson or Hays County. When we e-file, the original will goes to the clerk within three business days.
4. Notice and hearing. The clerk posts notice of the application, and the hearing is set after the notice period runs. It is usually short. We prepare you beforehand and stand with you in court. See What Happens at a Probate Hearing in Texas.
5. Letters and deadlines. If an executor is appointed, we get the letters testamentary and handle the notices, inventory and filings that follow.
6. Transfer and close. We help collect the accounts, pay valid debts, sign deeds and distribute what is left. See How Long Do You Have to Transfer Property After Death in Texas?

Probate Problems We Help Families Fix

• The will was never probated. Even after four years, a will can sometimes still be admitted as a muniment of title, or the heirs can prove heirship instead. See What If the Executor Does Not Probate the Will?
• The executor isn’t doing anything. Beneficiaries have options, from a demand letter to asking the court to remove the executor. See When an Executor Delays Probate and Suing an Executor for Breach of Fiduciary Duty.
• The named executor died or can’t serve. Someone else can be appointed. See What Happens If the Executor Dies.
• The family disagrees about the will. We handle will contests and contested probate, for either side.
• The house is still in a parent’s name. Title probate, an heirship case or an affidavit of heirship can usually clear it so the house can be sold or refinanced.
• There is property in another state. Real estate outside Texas may need a separate ancillary probate where it sits. We coordinate it with the Texas case.

Who Will Handle Your Case

Both of our attorneys, Turner Henington and Samantha Lewis, handle probates, heirship cases, executor problems and will contests. Samantha brings nearly a decade of experience as a Texas attorney. Turner is also a former KPMG tax accountant, which helps when an estate involves trusts or tax questions. You work directly with your attorney, not a call center.

Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, a short drive from downtown and the Travis County courts. We also meet by phone and video, which helps when family members live out of town.

Areas We Serve

We handle probate for families across the Austin area, including West Lake Hills, Lakeway, Bee Cave, Dripping Springs, Cedar Park and Round Rock, in Travis, Williamson and Hays Counties.

Talk to an Austin Probate Attorney

Call (512) 737-8404, book a free consultation, or send us a message below. We’ll tell you which route fits and give you a flat-fee quote.

What Our Clients Say

Austin Probate FAQ

Does every estate have to go through probate in Texas?

No. Property held in a living trust, accounts with a beneficiary or payable-on-death designation, and property owned with a right of survivorship pass outside probate. Probate is needed for property that was in the person’s name alone with no beneficiary, most often a house or a bank account.

How much does a probate attorney cost in Austin?

At Henington Lewis Law Firm, probate is handled for a flat fee that depends on the route: title probate usually costs the least and dependent administration the most. We give you the fee in a written quote after a free consultation, before anything is filed. Court costs in Travis County start with a $360 filing fee.

How long does probate take in Travis County?

Title probate often takes 1 to 3 months. Probate with independent administration often takes 6 to 12 months, mostly because of the notice and inventory deadlines and the time it takes to collect and sell assets. Dependent administration and contested cases take a year or more.

Do I need a lawyer to probate a will in Texas?

In most cases, yes. Texas courts generally require an executor or administrator to be represented by an attorney, because the executor acts on behalf of other people with an interest in the estate. Small estate affidavits are one of the few exceptions.

What if it has been more than four years since the death?

A will generally must be offered for probate within four years. After that, it can usually only be admitted as a muniment of title, and only if the person offering it was not at fault for the delay. Otherwise the heirs may need an heirship proceeding.

Can the house be sold before probate is finished?

Usually, yes. With independent administration, the executor can generally sell once letters are issued without a separate court order. With title probate, the people who inherit under the will sell it as the new owners. With dependent administration, the court must approve the sale.

What happens if someone dies without a will in Texas?

Texas intestacy law decides who inherits, based on whether the person was married, had children and owned community or separate property. The heirs are proved through a court heirship proceeding, an affidavit of heirship or, for small estates, a small estate affidavit.

Which court handles probate in Austin?

Probate cases for people who lived in Travis County are filed with the Travis County Clerk and heard by Travis County Probate Court No. 1 or No. 2. Williamson County cases are heard by the county courts at law in Georgetown, and Hays County cases by the county courts at law in San Marcos.

What should I bring to the first meeting?

Bring the death certificate, the original will and any codicils, recent account statements, any deeds, and a list of family members with their addresses. If you don’t have everything yet, come anyway. We can tell you what is missing.

Related Legal Services

• Letters testamentary in Texas
• Executor duties checklist
• Estate Planning
• Uncontested Probate
• Contested Probate
• Will Contests
• Probate Litigation
• Estate Litigation
• Intestate Succession
• What to Do After Someone Dies in Texas