Estate Planning for El Paso County, 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 Probate Courts No. 1 and No. 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 Probate Courts No. 1 and No. 2 — even simple Texas probates run 4+ months and start with $447 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 Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.

Create a Texas TOD deed →El Paso County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for El Paso County are recorded with the County Clerk at 500 East San Antonio Avenue, Suite 105, El Paso, TX 79901. Phone: 1-915-273-3532. Hours: Monday-Friday 8:00 AM-5:00 PM.

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. No transfer tax applies to a transfer on death deed.

El Paso County accepts electronic recording through the El Paso County Clerk eRecording Portal.

Recording Office Record

County Clerk

El Paso County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

500 East San Antonio Avenue, Suite 105, El Paso, TX 79901

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Fees

Recording fees

Base fee (first page)$25
Each additional page$4
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

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

Verified October 17, 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 PlanningProbateGuardianshipPower Of AttorneyWills

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 PlanningTrust AdministrationProbateGuardianshipand 5 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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Legal Sources

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

Forms for Planning Your Estate in Texas

Free forms for planning your estate in Texas: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Texas.

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Last Will and Testament

In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Codicil to a Will

In Texas, a codicil is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code §§ 22.034, 251.104Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

In Texas, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationTex. Health & Safety Code § 81.103(a), (b), (d) (Acts 1989, 71st Leg., ch. 678, § 1; last amended Acts 2015, 84th Leg., R.S., Ch. 1278, § 12); Tex. Occ. Code §§ 58.102, 58.104 (Added Acts 2003, 78th Leg., ch. 1276, § 14.001(a))Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Oct 21, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Oct 21, 2026View source.

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Transfer on Death Deed

In Texas, a transfer on death deed is signed before a notaryTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source, then recorded with the county before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.

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Lady Bird Deed

In Texas, a Lady Bird deed is recognized by court decisionsIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source: the owner keeps a life estate and the power to sell or convey the property without the granteeIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source.

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Vehicle Transfer on Death

Texas allows a transfer-on-death beneficiary designation on a vehicle titleTex. Transp. Code 501.0315; Tex. Estates Code ch. 115Verified Oct 21, 2026View source, filed through the Texas Department of Motor Vehicles (TxDMV), through county tax assessor-collector offices using Form VTR-121.

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Free tools for planning your estate in Texas: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Texas and read its answer.

How Do I Sign Estate Documents?

In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and notarization is not requiredTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Will My Estate Documents Transfer?

Texas recognizes a will signed under the law of the place where it was signedTex. Est. Code § 251.053Verified Sep 16, 2026View source; a will signed in Texas itself needs 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and notarization is not requiredTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Trust or Will: Which Costs Less?

In Texas, a will-based plan pays probate attorney fees of typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Texas runs $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Texas, a parent names a guardian for a minor child in a will or a separate signed writingTex. Est. Code §§ 1104.053, 1104.151–1104.160Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Tex. Fam. Code § 101.003Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in Texas takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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