The process of filing probate may be confusing and overwhelming at first. Below, we answer your questions and provide a guide to filing probate in Travis County. Our Austin probate attorney at Robbins Estate Law are available to help you through the legal hurdles of probating an estate.
How Do I File Probate in Travis County?
The Travis County probate process involves multiple steps. First, you need to know whether the Travis County Probate Court is the appropriate location to file. If the decedent was domiciled in Travis County (e.g. owned property, lived, had a driver’s license, was registered to vote, etc.) then Travis County is where you’ll file.
Second, you have to know which type of probate application is right for the estate.
There are many factors that determine what probate application you’ll file, such as:
- Whether the decedent left a will;
- The types of assets in the estate; and
- The value of the assets.
Keep in mind, you must file a probate application within four years of the decedent’s death. If you miss the four-year deadline, there are additional requirements for filing. Texas also requires anyone serving as the executor of an estate to have a lawyer representing them.
Where Do I File?
All applications for probate must be filed with the county clerk for the Travis County Probate Court.
How Much Does It Cost to File Probate in Travis County?
Travis County probate fees vary based on what sort of application you’re filing and other variables. For a current list of the filing fees, check the Travis County Clerk’s fee schedule and the detailed probate fee information sheet.
What Forms Do I Need?
The Probate Court in Travis County doesn’t provide a form for all application types. For example, there’s a form for filing Small Estate Affidavits, but no form for a regular probate application. You have to look under Section 256.052 of the Texas Estates Code to know what information to include on a regular probate application. The Travis County Probate Court also has several useful guides to help you determine the type of application to file.
Can I File Probate Online?
If an attorney is representing you in probating the estate, Texas requires all attorneys to electronically file their documents. If you are representing yourself, you can file your Travis County probate forms online, but you’re not required to do so. Keep in mind, when you file electronically, you must turn over the will to the court clerk within three days of filing the online application. You can either mail or hand-deliver the will.
Do you qualify for probate?
Fill out our quick questionnaire to determine if you need probate, what type of probate you may need, and estimated fees.
Contact a Probate Attorney at Robbins Estate Law
Completing forms, filing paperwork, and meeting deadlines may not be top of mind after losing a loved one. At Robbins Estate Law, it’s all about family. We can take care of filing probate in Travis County and give you and your family some peace of mind during a difficult time. Contact us online or by calling our office at (512) 851-1248.
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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