Travis County Probate Records

Probate in Travis County is a legal process employed to collect, inventory, and transfer or distribute a person's property/assets (known as their "estate") after death. The process often entails validating a decedent's will (if one is available), appointing an executor (if no will exists), settling the decedent's outstanding taxes or debts, and dispersing the decedent's remaining assets to the entitled parties.

The documentary materials filed, created, or maintained because of these court actions are termed "probate records". Like other Travis County court records, they may comprise letters of testamentary, petitions, wills, inventories, bonds, estate dockets, summons, and letters of administration.

Probate records are valuable documents for investigating family connections, proving a will's legitimacy, settling inheritance disputes, and ascertaining estate values. Additionally, a probate court's records series can include other cases adjudicated by the court, like guardianships, conservatorships, and mental competency hearings.

Are Probate Records Public?

Yes. Texas's Judiciary operates an open records policy that enables members of the public to examine or copy records generated during court cases or proceedings. Accordingly, probate records are accessible to any individual through the Texas clerks of court offices. Notwithstanding, certain access limits are imposed on records deemed confidential by court rule, court order, or law.

For example, medical reports and records filed in a probate court proceeding are exempt from public inspection. The general public also cannot see estate inventories and accountings, credit reports, Social Security numbers, financial account information, and any other classified documents or information.

What is Probate Court in Travis County?

Travis County has two probate court divisions that oversee will execution (that is, the process of admitting a will to probate) and estate administration. In addition, these courts:

• Declare heirship for individuals who die without a will
• Determine guardianships for minors and incapacitated persons
• Supervise court-imposed involuntary mental health commitments
• Adjudicate eminent domain cases
• Hear actions by or against the personal representative of a decedent or ward's estate

The Texas Estates Code and Local Probate Rules govern proceedings initiated in the Travis County Probate Court. Below are the court addresses:

Probate Court No.1
200 West 8th Street
Second Floor
Austin, TX 78701
Phone: (512) 854-9258
Fax: (512) 854-4418

Probate Court No.2
200 West 8th Street
Fourth Floor
Austin, TX 78701
Phone: (512) 854-5512

Mailing Address
P.O. Box 1748
Austin, TX 78767

Probate Court Case Lookup

To review a probate case record in Travis County, Texas, an individual may:

• Search probate records online on the Travis County Case Management System (Odyssey) or re:SearchTX portals. Users generally require a party name or case number to access either system. Probate case data from July 1992 to the present date is available on the Odyssey database.
• Go to the Travis County Probate Court when it is open to request a probate case search from the Travis County Clerk's Probate Division.
• Email the Travis County Clerk at ccprobateresearch@traviscountytx.gov to request probate copies. Also, the department can be reached at (512) 854-9188 to order copies.

For in-person and email inquiries, a requester is advised to add all specifics that will allow staff to identify the sought-after record and process an order. This information may include the decedent's name, case number, filing date range, exact document requested, or number of copies.

The Clerk's office charges a nominal fee to make or provide copies of probate records, and specific record search requests incur a charge. The Clerk's Copies page has the applicable dollar amounts.

How to Find Probate Records Online Free

The Travis County Case Management System (Odyssey) is a free service that allows anyone to look up probate court case information in Travis County. User account registration is not mandatory to search for a case or view the search results.

However, only case summaries are available on the Odyssey database; most probate case documents cannot be downloaded, printed, or purchased through this platform. The Clerk's office leaves instructions for searching Odyssey online, and individuals can dial the Call Center at (512) 854-9188 for assistance.

Re:SearchTX—an official database for court case searches across Texas—also provides limited case information to users for free. However, account sign-up is required.

Probate case records are also searchable for free on third-party aggregator (or third-party) websites. Similar to an official database, the user will need to input specific keywords, typically a name, case number, or county/state, for a system to return relevant matches. Many third-party sites offer case searches across multiple U.S. jurisdictions and access to limited information at no cost. However, users may be charged for complete records.

How Long Does Probate Take in Texas

Probate in Texas can last from a couple of months to several years. A precise time frame cannot be stated, nor does state law impose one, as various factors influence a case's timeline.

Factors that affect the disposition of a probate proceeding include the executor's efficiency in pursuing final distribution, the type of administration (for example, formal probate is usually lengthier than informal), disputes among heirs or beneficiaries, disputes with creditors, difficulties locating beneficiaries, the probate court's workload, and tax complications.

Are Wills Public Record?

Yes, wills are public records in Travis County. The probate courts in Travis disseminate wills to interested members of the public upon a formal inquiry. However, only probated wills are open to the general public. Prior to probate, wills are considered confidential documents.

How to Find Out If Someone Has a Will

One way to find out if someone created a will in Travis County is to query the Travis County Clerk's Probate Division. A request can be made in person at the Travis County Probate Court on 200 West 8th Street or via email to the Clerk's office. Individuals can also search the Travis County Case Management System (Odyssey) for the existence of a will. Note: The Clerk's office does not publicly disseminate copies of wills prior to the final distribution of estates.

Another method for determining whether someone had a will is to search the individual's residence or hiding places or speak to their appointed executor.

Accessing a living person's will is almost impossible. Because a will is a private document in Texas, it is only accessible to the person who made it, that person's legal representative, or the people they designate to receive access.

Travis County Family Court Case Search

The Travis County District Civil Courts hear all family law matters filed within the jurisdiction at the TCCF Courts (Civil and Family Courts) Facility, including divorces, child support, name changes, adoptions, and child custody. The District Clerk's Family Division maintains the associated family court records and releases access to interested individuals per the law.

Thus, to perform a Travis County family court case search, a person can:

• Access the District Clerk's Online Court Records Search Portal (also the Travis County Case Management System (Odyssey)). The portal only has family cases filed from 2006 to the present, but searches are free.
• Fill out and submit the Online Court Records Request Form.
• Send a letter to the District Clerk's office outlining specific case details to enable record retrieval. Below is the office's mailing address:

Travis County District Clerk
Records Request
P.O. Box 679003
Austin, TX 78767

• Drop by the Civil and Family Courts Facility during regular business hours to request a family case record search or retrieve copies of documents.

Note: Methods 2, 3, and 4 are paid services, meaning the requester will be liable for the fees associated with their orders. The District Clerk's Filing Fees/Court Costs Schedule has the latest record search & retrieval fees under the "Miscellaneous Fees" section.

Further, the Clerk does not release sealed or confidential family records to unauthorized parties. These include family violence records, child abuse and neglect records, adoption documents, minors' names and home addresses, mediation reports, psychological records, and social security numbers.