Travis County Probate Court: Estates and Guardianship

Travis County Probate Court holds jurisdiction over the legal administration of deceased persons' estates and the appointment of guardians for adults and minors who cannot manage their own affairs. Operating under Texas Estates Code and the Texas Probate Code, the court serves residents across Travis County, including those living in Austin, the county seat. Understanding how this court functions — what filings it accepts, which proceedings it oversees, and where its authority ends — is essential for executors, heirs, attorneys, and family members navigating estate and guardianship matters in the Austin metro area.

Definition and scope

Travis County Probate Court is a statutory county court established under Texas Government Code Chapter 25, which authorizes the Texas Legislature to create statutory probate courts in counties with sufficient caseload to warrant a dedicated docket. Travis County maintains 2 statutory probate courts — Probate Court No. 1 and Probate Court No. 2 — each presided over by a judge elected to a four-year term by Travis County voters (Texas Government Code §25.2292).

The subject-matter jurisdiction of these courts is defined primarily by the Texas Estates Code, which consolidates the former Probate Code and governs decedents' estates, mental health commitments, and guardianship proceedings. The court's authority encompasses:

Probate of wills (both independent and dependent administrations)
Intestate administration when a decedent dies without a will
Determination of heirship
Temporary and permanent guardianship of incapacitated adults
Guardianship of minors in specific circumstances
Trust matters ancillary to estate administration
Mental health commitments under Texas Health and Safety Code

Travis County Probate Court does not handle divorce, child custody, or criminal matters. Those fall to Travis County Family Courts and Travis County Criminal Courts, respectively.

Scope and geographic coverage: This court's authority applies to decedents who were domiciled in Travis County at the time of death, and to proposed wards whose residence or physical presence is within Travis County. Persons domiciled in Williamson County, Hays County, or other adjacent counties file in their respective county's probate or constitutional county court. The Travis County government overview provides broader context on the county's jurisdictional structure. Matters involving federal estate tax filings are administered through the Internal Revenue Service and fall entirely outside Travis County Probate Court's scope.

How it works

Filing and docket assignment

Cases are filed with the Travis County District Clerk, whose office maintains probate records and docket assignments (Travis County District Clerk). Upon filing, cases are assigned to Probate Court No. 1 or No. 2 based on the court's docketing rotation.

Estate administration process

A typical estate administration moves through the following stages:

Application filed — An applicant (typically the named executor or an interested heir) files an Application to Probate Will or Application for Letters of Administration with supporting documents, including the original will if one exists.
Posting and citation — Texas Estates Code §256.052 requires that notice be posted at the courthouse for 10 days before a hearing on the application (Texas Estates Code §256.052).
Hearing and order — The court holds a hearing, examines witnesses if required, and enters an order admitting the will to probate or appointing an administrator.
Letters testamentary or letters of administration — These documents, issued by the court, authorize the personal representative to act on behalf of the estate.
Inventory and appraisement — Within 90 days of qualification, the personal representative files an inventory of estate assets under Texas Estates Code §309.051 (Texas Estates Code §309.051).
Distribution and closing — After debts and taxes are resolved, the estate is distributed to heirs or beneficiaries and the administration is closed.

Independent vs. dependent administration represents the most significant procedural contrast in Texas estate practice. Independent administration — available when authorized by the will or by agreement of all distributees — allows the executor to act without court supervision at each step. Dependent administration requires court approval for virtually every transaction, increasing oversight but also attorney fees and processing time.

Guardianship process

Guardianship cases follow a distinct track. An applicant files an Application for Appointment of Guardian, and the court appoints a court investigator and an attorney ad litem for the proposed ward. A clinical certificate from a physician or licensed psychologist must accompany the application under Texas Estates Code §1101.103. If the court finds incapacity by clear and convincing evidence, it enters an order appointing a guardian of the person, the estate, or both. Annual accountings and status reports are required to maintain active guardianships.

Common scenarios

Scenario 1: Probating a will with named executor

The most common filing involves a decedent who left a valid will naming an independent executor. If the will is self-proved (signed before a notary under Texas Estates Code §251.104), no witness testimony is required at the hearing. The process from filing to issuance of letters typically takes 2 to 4 weeks when the estate is uncontested.

Scenario 2: No will — intestate administration

When a Travis County resident dies without a will and leaves assets requiring formal administration, the court appoints an administrator. Heirs are determined by the intestacy provisions of Texas Estates Code §201.001–§201.061. Disputes over heirship require a separate heirship proceeding with a court-appointed attorney ad litem representing unknown heirs.

Scenario 3: Small estate affidavit

For estates with a gross value not exceeding $75,000 (excluding homestead and exempt property) under Texas Estates Code §205.001, heirs may file a Small Estate Affidavit rather than opening a full administration. This option bypasses most court proceedings and is processed administratively. It is not available if there is a will.

Scenario 4: Guardian for an adult with dementia

When a family member can no longer manage personal or financial decisions due to dementia or another incapacitating condition, a family member or other interested person may petition for guardianship. The court may limit the guardianship to specific domains — for example, financial management only — under a limited guardianship order, preserving the ward's autonomy in other areas. Texas prioritizes less restrictive alternatives such as a durable power of attorney; guardianship is imposed only when those tools are unavailable or insufficient.

Scenario 5: Contested will

Will contests arise when an interested party alleges the will was executed under fraud, undue influence, or that the testator lacked testamentary capacity. These are adversarial proceedings tried before the probate judge. Either party may demand a jury trial on certain fact issues.

Decision boundaries

What Travis County Probate Court decides

Whether a will is validly executed and admissible to probate
Whether a person meets the legal standard for incapacity under Texas Estates Code §1002.017
Who qualifies as an heir under intestacy statutes
Whether a personal representative has properly administered estate assets
Approval of guardianship accountings and modifications

What it does not decide

Travis County Probate Court does not determine federal estate tax liability (Internal Revenue Service jurisdiction), adjudicate disputes between business partners over entity interests unless ancillary to estate administration, resolve Medicaid eligibility for proposed wards (handled by the Texas Health and Human Services Commission), or hear immigration matters affecting undocumented heirs.

Transfers and concurrent jurisdiction

Texas law gives district courts concurrent jurisdiction over probate matters under Texas Estates Code §32.007. If a matter involves significant complexity — substantial litigation over estate assets, for example — either party may move to transfer the proceeding to a Travis County district court. The Travis County Civil Courts handle transferred or concurrent civil matters arising from estate disputes.

For residents seeking broader orientation to Travis County's judicial structure, the Travis County Courts overview page provides a map of all court types operating within the county. General information about Austin-area civic institutions is available through the Austin Metro Authority index.