New Braunfels practice serving Comal, Guadalupe, and Hays counties. George Carroll brings 28 years of experience to probate with and without a will, affidavits of heirship, small estate affidavits, and trust administration, alongside wills, trusts, and Medicaid asset protection planning for farm and family-business owners. Free consultations.
Probate in Hays County
Probate Court Record
Hays County Courts at Law No. 1, No. 2 and No. 3
Hays County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
712 South Stagecoach Trail, Suite 2008, San Marcos, TX 78666
Website
E-filing
Self-represented filing
Attorney of record required
Self-help forms
How to file probate in Hays County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Hays County? →Settling an estate in Hays County →
Trust Administration Firms Serving Hays County
Austin firm on W. 16th Street working primarily in Travis, Hays, and Williamson counties, and case by case across Central Texas and the major metros. The attorneys handle dependent and independent administrations, intestate estates, heirship determinations in probate court, muniment of title, affidavits of heirship, and annual accountings. Two partners are also CPAs.
San Antonio and Austin firm handling independent and dependent administration, muniment of title, small estate affidavits, letters testamentary, and trust administration for families across Bexar, Travis, Williamson, and Hays counties. Also handles guardianship and Medicaid crisis planning. Free 45-minute estate planning and probate consultations.
Austin firm off South Mopac serving the greater Austin area and courts across Texas. The attorneys advise executors, administrators, trustees, and beneficiaries through opening probate, gathering assets, notifying creditors, responding to claims, filing tax returns, and distributing. Founding partners Craig Hopper and D'Ana Mikeska are both board certified in Estate Planning and Probate Law.
Small Austin family firm serving Central Texas from Travis County. Represents independent executors and dependent administrators through will admission, creditor and beneficiary notices, the estate inventory, claims, accountings, and the Form 706 return, and also handles trust administration, estate and trust disputes, problem-trust fixes, and mediation.
Austin firm on South MoPac serving Travis, Williamson, Hays, Bastrop, Blanco, and Caldwell counties. Handles probate administration — including flat-fee uncontested probate and probate by Zoom or submission — trust administration, and will and trust contests, alongside wills, trusts, and special needs planning.
All 18 Texas trust administration firms serving Hays County →
Forms for Planning and Settling an Estate in Texas
Free Texas forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Texas.
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Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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Pour-Over Will
In Texas, a pour-over will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Tools for Planning and Settling an Estate in Texas
Free calculators and checklists to plan or settle an estate in Texas: will and trust costs, probate, executor pay and taxes. Run each tool for Texas.
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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What's Fair Trustee Compensation?
In Texas, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Tex. Prop. Code Ann. § 114.061Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
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How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
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Do I Have to File Tax Returns for Someone Who Died?
Texas has no state income tax, so only the federal final Form 1040 is due for the decedentTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Does Step-Up in Basis Work?
Inherited assets in Texas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxTex. Const. Art. VIII § 24-b, CAPITAL GAINS TAX PROHIBITED (added Nov. 4, 2025) — "the legislature may not impose a tax on the realized or unrealized capital gains of an individual, family, estate, or trust"; and § 24-a, INDIVIDUAL INCOME TAX PROHIBITED (added Nov. 5, 2019)Verified Sep 15, 2026View source.
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