Probate Court
The Probate Court has a New Address
The Probate Court is now located at 200 W. 8th Street, Austin, Texas.
Probate Court’s Response to the COVID-19 Epidemic
Update as of January 15, 2021 - In response to orders issued by the City of Austin, Travis County, the Texas Supreme Court, and the State of Texas, all hearings at the Probate Court shall continue to be conducted by video (through Zoom) or telephonically if video is unavailable. Until further order of this Court, there will be no in-person hearings for probate or guardianship matters held at the Probate Court. When setting a hearing, please inform the Court whether the hearing can be conducted either by video through Zoom or by telephone.
- Administrative Order 2020-13 signed May 29, 2020 - Order Updating Changes in Court Proceedings Regarding Probate and Guardianship Matters in Response to the COVID-19 Epidemic.
- Administrative Order 2020-12 signed April 2, 2020 - Order Creating Temporary Changes to Personal Service and Attorney ad Litem/Guardian ad Litem Visits in Certain Guardianship Proceedings.
- 33rd Emergency Order issued by the Texas Supreme Court – Issued on January 14, 2021 – Order extending prior emergency orders issued by the Texas Supreme Court until April 1, 2021.
New Citation by Publication Rules in Effect as of July 1, 2020
The new citation by publication rules are now in effect. Regarding heirship determinations, in any application to determine heirship filed on or after July 1, 2020, citation by publication must be now done on the newly established website maintained by the Office of Court Administration and in a newspaper of general circulation in the county in which the proceeding is pending (unless an exception in the Texas Civil Practices and Remedies Code applies). For the applicant, the process will continue to be the same - the applicant will continue to be responsible for publishing the citation in the newspaper and filing the newspaper publisher’s affidavit. The Clerk’s Office will submit the citation for publication on the OCA website at the time the application is filed. No additional issuance fee will be assessed for the citation by publication on the website. The Office of Court Administration will transmit the publisher’s affidavit directly to the Clerk’s Office to be filed.
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 by appointment only. 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.
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
The Court no longer requires case information sheets to be filed with all new cases. The Supreme Court of Texas repealed the requirement effective December 11, 2018.
Also see update information by other links on the website. The Probate page, especially, has many updates following the 2019 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 do you get documents to the Court for review? (updated 10/01/2020)
- Submitting Paperwork for Will Prove-Ups and Heirships (updated 10/01/2020)
- Administrative Order 2019-4 Regarding the Filing of Annual and Final Accounts (updated 02/25/2019)
- Uncontested Guardianship Docket Procedures (updated 10/01/2019)
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 10/01/2020)
- Travis County Probate Court No. 1 List of Attorneys ad Litem (updated 06/18/2019)
- Attorney's Fees in Probate Court (updated 1/23/2018)
- Travis County Probate Court Hearing Schedule, non-jury weeks
- Setting Hearings in Travis County Probate Court No. 1 (updated 10/01/2019)
- 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
- Materials from Probate Court Legal Assistant Program (updated 02/27/2020)