Estate Planning for El Paso, Texas Property Owners

For most El Paso County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a El Paso County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Statutory Probate Courts (2). The two tools that keep a El Paso County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, El Paso County property passes through the Statutory Probate Courts (2) — even simple Texas probates run 4+ months and start with $360 in filing fees. Texas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in El Paso County

A transfer on death deed names a beneficiary who receives El Paso County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a Texas transfer on death deed is signed with notary acknowledgmentTex. Estates Code 114.001 to 114.106Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathTex. Estates Code 114.001 to 114.106Verified Aug 24, 2026View source.

Create a TexasTOD deed →El Paso Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for El Paso County are recorded with the County Clerk in El Paso, TX 79901.

The County Clerk charges $25 for the first page plus $4 for each additional page. Recording a 2-page transfer on death deed in El Paso County comes to $29. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

El Paso 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

Open in Google Maps

Verified September 8, 2026 · Source

Estate Planning Attorneys Serving El Paso County

Solo PracticeEl Paso, TX

Karen Colon Law PLLC

Serves 2 counties

El Paso practice devoted to probate, estate administration, guardianship, and estate planning across West Texas, including Socorro, Clint, Horizon City, and Fabens. Karen Colon has practiced Texas probate law exclusively for over 15 years, handling testate and intestate administrations, small estate affidavits, and affidavits of heirship, and preparing wills and powers of attorney.

PracticesEstate PlanningEstate AdministrationProbateGuardianshipand 2 more

Office
1531 E Missouri Ave.El Paso, TX 79902

FirmEl Paso, TX

ScottHulse PC

Since 1889 · Serves 2 counties

El Paso firm established in 1889, handling probate and estate and trust administration for El Paso and Hudspeth counties and licensed in New Mexico. Represents executors in Texas and personal representatives in New Mexico, advises trustees, prepares federal estate tax returns, and structures life insurance trusts, charitable remainder trusts, and family limited partnerships.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 4 more

Office
201 E. Main Dr, Suite 1100El Paso, TX 79901

Solo PracticeEl Paso, TX

The Law Office of Steve Ortega, PLLC

Serves 2 counties

Downtown El Paso practice handling probate and estate administration in the El Paso County courts, with Spanish-speaking service. Covers affidavits and determinations of heirship, muniment of title, small estate affidavits, family settlement agreements, Medicaid claims against an estate, and trust administration. Offers phone and virtual meetings.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
521 Texas AveEl Paso, TX 79901
Virtual consultations

FirmEl Paso, TX

Townsend Allala, Coulter & Kludt, PLLC

Serves 2 counties

El Paso firm on Trowbridge Drive serving El Paso County and Southern New Mexico, with a second office in Truth or Consequences, New Mexico. Handles probate administration and guardianship in West Texas courts alongside Medicaid planning, MERP claims, special needs planning, and wills and trusts. More than 45 years of experience serving El Paso and Las Cruces.

PracticesEstate PlanningProbateElder LawGuardianshipand 5 more

Office
4131 Trowbridge DrEl Paso, TX 79903

Solo PracticeEl Paso, TX

Winton Law El Paso P.C.

Serves 2 counties

East El Paso practice on Lee Trevino Drive handling contested and uncontested probate of wills and drafting wills, trusts, living wills, and powers of attorney. Attorney Mark Winton also handles real estate and business matters, quotes many services over the phone at a fixed rate, and sees clients by appointment.

PracticesEstate PlanningProbateBusiness LawLiving Willsand 4 more

Office
1533 N. Lee Trevino Dr, Suite 201El Paso, TX 79936

Solo PracticeRockwall, TX

The Cramer Law Group

Since 1994 · Serves the whole state

Rockwall solo practice serving Rockwall, Dallas, Kaufman, and Collin counties, and Texas statewide since 1994. Michael Cramer drafts wills, revocable living trusts, and special needs trusts, handles trust administration, and litigates will and trust contests. Services are offered in English and Spanish, and the initial case evaluation is complimentary.

PracticesEstate PlanningTrust AdministrationProbateTrust Litigationand 3 more

Office
2255 Ridge Road, Suite 208Rockwall, TX 75087
Free consultation
See all 9 firms serving El Paso 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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