Probate Court

Travis County Probate Court Will Resume In-Person Hearings for All Court Proceedings on April 1

Minimum Standard Health Protocols Adopted by the LADJ (pdf)
49th Emergency Order issued by the Texas Supreme Court – Issued on March 22, 2022 – Order extending prior emergency orders issued by the Texas Supreme Court until June 1, 2022.

The Honorable Guy Herman

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 1000 Guadalupe before it is filed into the cause.
Hand Delivered to the Clerk’s Office at 200 W. 8th Street, first floor. If you choose to hand deliver the will, you are required to make an appointment with the County Clerk’s Office beforehand. In order to schedule a time to deliver the will, email the Clerk at [email protected] or call (512) 854-5958.
- An appointment is required to ensure the deputy will let you into the Courthouse and that the clerk will be ready for your arrival. At the appointment time, the clerk will meet you outside on the 2nd floor and take the will. They will file mark copies if needed and sign if needed.
- FEDEX can be sent up for the attorney at their appointment time as well. Same rules apply.
- Please note that in order to be allowed to enter the Courthouse, any person will need to be wearing a mask and will need to allow the deputies to take their temperature.
- For everyone’s safety - please wait for the clerk to open the door and take the will. Please remain in the hallway when a clerk answers the door.