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Texas Probate Process

Travis County, Texas

Find a Probate Attorney in Austin, TX

Need a probate attorney in Travis County? Learn when to hire one, what to expect in Austin probate court, typical fees, and how we connect you with vetted attorneys.

Losing a loved one is hard enough without having to figure out the legal side of their estate. If you’re dealing with a property in Travis County, finding the right probate attorney early can save you months of stress and thousands of dollars in avoidable mistakes.

When Do You Need a Probate Attorney in Travis County?

Not every estate requires a probate attorney — but most do. Here’s when you should hire one:

  • There’s a will that needs to be filed with the court. Texas requires the original will to be filed within four years of death. An attorney handles the Application for Probate and represents you at the hearing.
  • You need Letters Testamentary. This is your official authorization to act as executor. Without it, you can’t sell property, access bank accounts, or manage the estate. An attorney guides you through this process.
  • There’s no will (intestate). When someone dies without a will in Texas, the court must determine who inherits. This process is more complex and almost always requires legal representation.
  • Heirs disagree. If siblings or other heirs can’t agree on what to do with the property, an attorney helps navigate the dispute without it escalating to a full contest.
  • The estate has debts or liens. An attorney ensures debts are paid in the correct order and that you’re not personally liable for estate obligations.

What to Expect in Travis County Probate Court

Travis County probate matters are handled by the Travis County Probate Courts, located at the Travis County Courthouse in downtown Austin.

Typical timeline for independent administration:

  • Filing the application: 1–2 weeks to prepare
  • Court hearing: Scheduled 2–4 weeks after filing
  • Letters Testamentary issued: At the hearing or shortly after
  • Total from filing to authority: 4–6 weeks

For dependent administration or contested estates, the timeline can extend to 6–12 months or longer.

How Much Does a Probate Attorney Cost in Travis County?

Attorney fees in the Austin area vary based on complexity:

ServiceTypical Fee Range
Simple independent administration (uncontested, clear will)$1,500–$3,000
Independent administration with complications$3,000–$5,000
Dependent administration$5,000–$10,000+
Contested probate or will disputes$10,000+ (hourly billing)
Muniment of title (no administration needed)$1,000–$2,000
Affidavit of heirship (no will, simple estate)$500–$1,500

Most Travis County probate attorneys offer a flat-fee initial consultation or a free 15–30 minute call to assess your situation.

What to Bring to Your First Meeting

Come prepared with these documents — it saves time and helps the attorney give you accurate advice:

  • Original will (not a copy — the court requires the original)
  • Death certificate (at least 2 certified copies)
  • Property deed or tax statement showing the property address and legal description
  • Mortgage documents (if any)
  • List of known assets and debts — bank accounts, vehicles, credit cards, medical bills
  • Contact information for all heirs — names, addresses, phone numbers

Questions to Ask a Probate Attorney

Not all attorneys handle probate regularly. Ask these before hiring:

  • How many probate cases do you handle per year in Travis County?
  • Do you charge flat fees or hourly for my type of case?
  • Will you handle the case personally, or will it be assigned to a junior attorney or paralegal?
  • What’s your estimated timeline for getting Letters Testamentary?
  • Do you work with probate real estate specialists if we need to sell the property?

How We Can Help

We connect families in Travis County with vetted probate attorneys who handle cases in the Austin probate courts regularly. There’s no cost to you for the referral — we simply want to make sure you have the right legal support before, during, and after the probate process.

If you also need help selling the inherited property, we can assist with that too. Many families need both an attorney and a real estate specialist — and having both working together makes the process smoother.

Find a Probate Attorney in Travis County

Tell us about your Travis probate property. We'll respond within one business day — no obligation.

Also need help selling property in Travis County?

Our probate real estate guide covers the Austin market, property timelines, and what to expect when selling inherited property.

View Travis County Real Estate Guide →