What to Do When Someone Dies in Bastrop, Texas

Probate in Bastrop County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Bastrop County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Probate Court

Bastrop County

Address

804 Pecan StreetBastrop, TX 78602

Fax

512-581-7103

Hours

Monday - Thursday, 8:00 AM - 5:00 PM; Friday, 8:00 AM - 4:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

County has dedicated Probate Court page. County Clerk has probate records from 1850. County Clerk located at 803 Pine St (Mon-Thu 8-5, Fri 8-4). County Clerk phone: 512-332-7234. Probate court fax: 512-581-7103. Pro se applicant policy available from court. Small estate affidavit forms available online.

Verified July 4, 2026 · Source

How Probate Works in Bastrop County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Bastrop, probate runs through the Probate Court at 804 Pecan Street, Bastrop.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.

Most Texas estates take 6 months to 12 months to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Bastrop County

What probate costs in Bastrop County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 804 Pecan Street, Bastrop.

Texas charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-09-08 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text). Neither section carries an 89th Leg. (2025) amendment; both last amended by SB 1612 (88th Leg.), eff. 1/1/2024.Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Probate Court (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Texas are negotiated, typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.

Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Probate Court

If you're handling probate yourself in Bastrop County, Texas, you can file at the Probate Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Bastrop County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Original wills (must be filed in person within 3 days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.

For a full cost comparison and filing checklist, see the Bastrop County Self-Filing Assessment.

Bastrop County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Document Requirements

A death certificate must be filed with all probate applications, including Small Estate Affidavits.

Source

Bastrop County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Small Estate Affidavit (fillable)

Download

Transfer of a small estate without full probate administration

Court Policy Regarding Pro Se Applicants

Download

Explains when an applicant may proceed without an attorney

What to Bring

To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Bastrop County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.

Deeds and other real property documents for Bastrop County are recorded with the County Clerk in Bastrop, TX 78602.

The County Clerk charges $25 for the first page plus $4 for each additional page.

Recording Office Record

County Clerk

Bastrop County

Recording fees

Base fee (first page)$25
Each additional page$4
Transfer tax on a TOD deedExempt

Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025

Verified September 8, 2026 · Source

Probate Attorneys Serving Bastrop County

Texas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Bastrop County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in Texas are based on reasonable compensation — typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Bastrop County firm to quote a structure up front.

A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmAustin, TX

Eccles, McIntosh & Paymaster, PC

Serves 5 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 8 more

Office
506 W. 16th St.Austin, TX 78701

FirmAustin, TX

Law Office of Todd A. Wilson

Serves 6 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
4425 S Mopac Expy, Bldg II Ste 201Austin, TX 78735
Free consultation

FirmSan Antonio, TX

Hailey-Petty Law Firm, PLLC

Serves 7 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
17721 Rogers Ranch Parkway, Suite 130San Antonio, TX 78258
Free consultation

FirmDallas, TX

Ford+Bergner LLP

Serves 4 counties

Boutique estate-law firm whose Dallas office sits downtown on Main Street, with Houston and Austin offices and fourteen attorneys. Handles probate administration, fiduciary services, contested guardianships, and estate, trust, and guardianship litigation, and says it has worked in 112 of Texas' 254 counties. Free consultation.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more

Office
901 Main Street, 33rd FloorDallas, TX 75202
Free consultation

Solo PracticeSan Antonio, TX

Law Offices of Ryan Reiffert, PLLC

Serves 2 counties

San Antonio attorney handling estate matters for business owners and families in Bexar County, with a San Marcos office by appointment. Covers probate and its alternatives — affidavits of heirship, small estate affidavits, and muniment of title — plus trust administration, wills, trusts, asset protection, and business succession planning.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 6 more

Office
8118 Datapoint DrSan Antonio, TX 78229

FirmWaco, TX

Rainey & Rainey Attorneys At Law PLLC

Serves 8 counties

Waco elder law and estate planning firm serving McLennan County and the surrounding Central Texas counties, with a second office in Georgetown. Handles Medicaid planning, guardianship, probate, heirship proceedings, Miller trusts, and special needs trusts, plus wills and powers of attorney. Elisa Dillard Rainey is a Certified Elder Law Attorney (CELA).

PracticesEstate PlanningProbateElder LawGuardianshipand 5 more

Office
3809 W. Waco DriveWaco, TX 76710
See all 14 firms serving Bastrop County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Texas statutes and official state code. How we research.