Travis County Probate — Local Court Rules & What Heirs Need to Know
Travis County (Austin) has two statutory probate courts with detailed local rules updated June 2024. Learn the specific procedures, docket system, and how to access your inheritance while you wait.
Travis County probate: Travis County (Austin) operates two statutory probate courts with local rules updated June 2024. Odd-numbered cases go to Probate Court No. 1; even-numbered to Probate Court No. 2 (which also handles all mental health matters). The courts have no drop-in dockets — all hearings are specifically set. Remote appearances are disfavored. E-filing has been required since 2004.
Probate in Travis County, Texas
Travis County, home to Austin and approximately 1.3 million residents, operates two dedicated statutory probate courts. As Texas's capital county and a rapidly growing metro area, Travis County handles a significant probate caseload with detailed procedural rules updated in June 2024.
Austin's booming real estate market (median home price approximately $450,000) and large tech-sector workforce mean many estates involve significant property values and diverse asset types. The county's probate courts have established specific procedures for case management, hearing requests, and courtroom conduct that differ from other Texas counties.
The information below is based on the local rules of Travis County Probate Courts No. 1 and 2, updated June 2024. Consult a Travis County probate attorney for advice specific to your situation.
Travis County court information
Travis County Statutory Probate Courts No. 1 & 2
Travis County Courthouse, 1000 Guadalupe Street, Austin, TX 78701
Case assignment: Odd-numbered cases → Court No. 1; Even-numbered cases → Court No. 2
Special jurisdiction: Mental health matters → Court No. 2; Eminent domain → Court No. 1
Typical timeline: 6-9 months (simple, independent admin) to 12-24+ months (contested)
Court volume: High
Travis County local probate rules — key provisions
Case assignment system (Rule 1.3). Travis County uses a straightforward odd/even system: all odd-numbered probate, guardianship, and trust cases go to Probate Court No. 1; all even-numbered cases go to Probate Court No. 2. Mental health matters always go to Court No. 2 regardless of case number. Eminent domain proceedings always go to Court No. 1. The judges may sit and act for each other without a formal appointment order and may transfer cases between courts for judicial economy.
E-filing required (Rule 2.1). Travis County has required electronic filing since 2004, when the Texas Supreme Court approved the county's e-filing rules. All probate filings must be submitted electronically.
No drop-in dockets (Rule 3.1). Unlike some Texas courts, Travis County probate courts have no drop-in docket. All hearings — including uncontested will prove-ups, guardianship hearings, sales docket matters, and the "regular" docket — are specifically set. This means nothing moves forward without a scheduled hearing, which can add time if the court's calendar is full.
Hearing request procedures (Rule 3.2). Before requesting a hearing, counsel must: (1) file the relevant motions, (2) confer with all other counsel (including any ad litem) to agree on possible dates and times, and (3) estimate total hearing time for all participants. Requests are submitted by emailing a Regular Docket Hearing Request Form to the Court Coordinator. Different dockets (uncontested guardianship, uncontested will prove-ups, heirships, sales) have their own specific procedures.
Remote appearances disfavored (Rule 4.2). Travis County does not permit remote hearings or remote witness appearances unless absolutely necessary and in compliance with the law. Remote appearances are prohibited in contested cases when documentary evidence will be presented. Any remote appearance must be arranged in advance. This is more restrictive than Harris County's approach, where uncontested matters routinely allow remote participation.
Affidavits in lieu of testimony prohibited (Rule 4.3). The court prohibits the use of affidavits signed by witnesses in lieu of live testimony or depositions, unless authorized by law. This means heirs and witnesses generally must appear in person.
Specific pleading title requirements (Rule 2.3). All pleadings must include a precise title — for example, "Application to Probate a Copy of a Will as a Muniment of Title," not simply "Application." This helps the court manage its diverse dockets efficiently.
Certificate of service requirements (Rule 2.4). Travis County requires detailed certificates of service that include the name of each person served, the name of the party they represent (if an attorney), and the manner of service. A generic statement that "all necessary notice has been served" is never sufficient.
Dismissal thresholds (Rule 6.1). Travis County has aggressive dismissal standards: contested cases on file for more than 180 days with no answer filed, cases on file for more than 12 months that are not set for trial and have had no settings or substantive filings within 180 days, and cases where a party fails to take court-specified action are all eligible for dismissal.
Mediation encouraged (Rule 5.1). The court strongly encourages peaceable resolution and may refer any contested case to mediation or other ADR on its own motion.
Travis County probate timeline
Below is a general timeline for probate in Travis County. Individual estates vary based on complexity, disputes, and court scheduling.
Inheritance advance for Travis County heirs
If you are an heir to an estate being probated in Travis County, an inheritance advance from First Heritage Funding provides cash within 48 hours — not a loan, no credit check, no monthly payments, and no personal liability.
We serve heirs throughout Travis County — including Austin, Pflugerville, Lakeway, Bee Cave, Lago Vista, Westlake Hills, Manor, and all other communities.
Request your free quote online or call (800) 617-7260 to discuss your Travis County estate.
See also: Texas Inheritance Advance · Harris County Probate · Dallas County Probate · Bexar County Probate · Tarrant County Probate
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Travis County Probate FAQ
Simple estates with independent administration typically close in 6 to 9 months. Contested estates take 12 to 24 months or longer. Travis County has aggressive dismissal standards — cases on file for more than 12 months that are not set for trial and have had no settings or substantive filings within 180 days are eligible for dismissal (Rule 6.1).
Travis County uses an odd/even system: odd-numbered cases go to Probate Court No. 1 and even-numbered cases go to Probate Court No. 2. Mental health cases always go to Court No. 2. Eminent domain always goes to Court No. 1. The judges may sit and act for each other.
Generally no. Travis County disfavors remote appearances (Rule 4.2) and prohibits them in contested cases involving documentary evidence. Any remote appearance must be arranged in advance and approved by the court. Unlike some other Texas counties, Travis County expects in-person attendance for most proceedings.
No. All Travis County probate hearings — including uncontested will prove-ups, guardianship hearings, and regular docket matters — must be specifically set (Rule 3.1). There is no drop-in docket. You must submit a Hearing Request Form to the Court Coordinator after conferring with all other counsel.
Yes. Travis County has required electronic filing since 2004 (Rule 2.1). All probate filings must be submitted electronically.
Probate cases are e-filed with the Travis County Clerk. The courthouse is at 1000 Guadalupe Street, Austin, TX 78701. Cases are assigned to Probate Court No. 1 (odd numbers) or Court No. 2 (even numbers).
Yes. We work with heirs of estates in both Travis County probate courts. Given Austin's high property values and the time real estate transactions add to probate, an advance can provide critical funds during the wait. Call (800) 617-7260 for a free quote.
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