Estate Planning for Fayette County, Texas Property Owners

For most Fayette 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 Fayette County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the County Court. The two tools that keep a Fayette 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, Fayette County property passes through the County Court — even simple Texas probates run 4+ months and start with $420 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 Fayette County

A transfer on death deed names a beneficiary who receives Fayette 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 →Fayette County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Fayette County are recorded with the County Clerk at 246 West Colorado Street, La Grange, TX 78945. Phone: 1-979-968-3251. Hours: Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM.

Documents submitted by mail go to P.O. Box 59, La Grange, TX 78945.

The County Clerk charges $25 for the first page plus $4 for each additional page. Recording a 2-page transfer on death deed in Fayette County comes to $29. No transfer tax applies to a transfer on death deed.

Recording Office Record

County Clerk

Fayette County

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM

Office

246 West Colorado Street, La Grange, TX 78945

Open in Google Maps

Mail

P.O. Box 59 La Grange, TX 78945

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Fayette County

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

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 PlanningTrust AdministrationProbateGuardianshipLong Term Care Planning

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

FirmAmarillo, TX

Sprouse Shrader Smith PLLC

Serves 8 counties

Amarillo-headquartered firm of more than 40 attorneys, with offices in Austin, Dalhart, and Victoria. The estate planning and probate group represents executors, trustees, beneficiaries, and heirs, and carries more than a century of combined experience, two Fellows of the American College of Trust and Estate Counsel, and three attorneys board certified in estate planning and probate law.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more

Office
701 S Taylor St, Suite 500Amarillo, TX 79101

FirmFort Worth, TX

The Blum Firm, P.C.

Since 1980 · Serves 5 counties

Fort Worth estate and tax specialty firm of more than 30 attorneys, with offices in Dallas and Austin, founded by Marvin Blum in 1980. Represents executors and trustees in probate court matters, trust funding, asset disclaimers, contested probate, and estate tax return preparation, and litigates fiduciary disputes on both sides.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
777 Main Street, Suite 550Fort Worth, TX 76102
See all 11 firms serving Fayette 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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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 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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