Probate Court
All court proceedings have returned to in-person settings as of April 1st, 2022.
The Honorable Guy Herman
Information for Prospective Jurors
The probate court is a statutory probate court headed by an elected judge, the Honorable Guy Herman. The probate court is also served by Associate Judge Dan Prashner and Associate Judge Tom Ruffner.
In general, the probate court probates the wills of deceased persons, declares the heirs of deceased persons who die without a will, establishes guardianships for incapacitated persons and minors, supervises court-ordered involuntary mental health commitments, and administers all eminent domain cases initiated in Travis County.
The probate court also has jurisdiction to hear lawsuits related to an estate of a decedent or ward as well as actions by or against a personal representative of a decedent’s or ward’s estate. These ancillary cases cover a wide range of topics, from products liability to fiduciary litigation to medical malpractice to family law.
Probate Court News
Clarification Regarding Filing an Original Will with the Clerk in a Probate Proceeding.
The original will can be filed with the Clerk’s Office in the following three ways:
- Mailed via USPS to Travis County Clerk, ATTN: Probate Clerk, P.O. Box 149325, Austin, TX 78714. All of the regular mail sent to the Clerk’s Office is sent here first to get checked in and logged. It is then distributed where it needs to go either same day or next day.
- Certified mail to 5501 Airport Blvd., Austin, TX 78751. It is to ensure the mail is checked in and logged. Certified will ensure a confirmation as well. If you choose to mail the will to the Clerk’s Airport location, please allow 2-3 additional business days before requesting a hearing because the will needs to be routed to the Clerk’s Office at 200 W. 8th Street before it is filed into the cause.
- Hand Delivered to the Clerk’s Office at 200 W. 8th Street, first floor.
Also see updated information on other pages of the website. The Probate page, especially, has many updates following the 2021 Legislative session.
- Regular Docket Hearing Request Form (updated 05/31/2018)
Information about the Probate Court’s e-courtroom technology is available on this site
Free CLE at the Probate Court
The Probate Court sponsors several CLE sessions each year
From the Clerk's Office
For questions please contact the Civil and Probate Division of County Clerk's office.
Probate Court Local Rules
- Probate Court Local Rules
- Probate Court E-Courtroom Local Rules
- Travis County E-Courtroom Use Agreement
- Probate Court Recording & Broadcasting Local Rules
- How to Get Documents to the Court (updated 5/10/2022)
- Submitting paperwork for will prove-ups and heirships (updated 5/10/2022)
- Administrative Order 2019-4 Regarding the Filing of Annual and Final Accounts (updated 02/25/2019)
- Uncontested Guardianship Docket Procedures (updated 06/14/2022)
General Documents
Documents are also available on the Probate, Guardianship, and Mental Health pages.
- Court Policy Regarding Pro Se Applicants Information for the non-lawyer (updated 06/14/2022)
- Travis County Probate Court No. 1 List of Attorneys ad Litem (updated 06/18/2019)
- Attorney's Fees in Probate Court (updated 04/01/2022)
- Travis County Probate Court Hearing Schedule, non-jury weeks (updated 08/30/2022)
- Setting Hearings in Travis County Probate Court No. 1 (updated 08/30/2022)
- Filing Instructions for Probate and Guardianship, including Related and Ancillary Matters (updated for 02/19/2019)
- Seniors & the Law, Texas Young Lawyers Association (updated 1/1/2014)
- Las Personas Adultas Mayores y la Ley, Texas Young Lawyers Association
Probate Court
Travis County Probate Court
200 W. 8th St.
Second Floor
Austin, TX 78701
Mailing address
P.O. Box 1748
Austin, TX 78767
(512) 854-9258
Fax: (512) 854-4418
Hours: M-F, 8:00-12:00 & 1:00-5:00
TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.6 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $11.00.
