Estate Planning for Hays County, Texas Property Owners

For most Hays 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 Hays County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the County Court at Law No. 1. The two tools that keep a Hays 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.

Skipping this planning step means the County Court at Law No. 1 decides who receives the property: a simple Texas probate takes 4+ months and opens with $360 in court 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 Hays County

A transfer on death deed names a beneficiary who receives Hays 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 →Hays Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Hays County are recorded with the County Clerk in San Marcos, TX 78666.

The County Clerk charges $25 for the first page plus $4 for each additional page. A 2-page transfer on death deed costs $29 to record in Hays County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Hays 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 July 14, 2026 · Source

Estate Planning Attorneys Serving Hays County

FirmSan Marcos, TX

David K. Sergi & Associates, P.C.

Since 1993 · Serves 6 counties

Founded in 1993, Sergi & Associates handles estate planning and probate administration for individuals in Hays County and the surrounding Central Texas counties. Prepares wills, trusts, powers of attorney, and health care directives, helps executors and administrators settle estates, and handles will contests.

PracticesEstate PlanningProbateProbate LitigationPower Of AttorneyTrusts

Office
329 S Guadalupe StSan Marcos, TX 78666

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

Hopper Mikeska, PLLC

Serves 3 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 7 more

Office
901 South Mopac Expressway, Barton Oaks Plaza II, Suite 570Austin, TX 78746

FirmAustin, TX

Karisch Jonas Law, PLLC

Serves 3 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
9111 Jollyville Road, Suite 225Austin, TX 78759

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

FirmAustin, TX

Nielsen Law PLLC

Serves 3 counties

Austin estate planning and probate firm guiding executors and heirs through independent and dependent administration, muniment of title, and small estate affidavits. Also drafts wills, revocable living trusts, special needs trusts, and powers of attorney. Attorney Liz Nielsen is board certified in estate planning and probate law by the Texas Board of Legal Specialization.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateSpecial Needs Planning

Office
8705 Shoal Creek Blvd, STE 105Austin, TX 78757
See all 26 firms serving Hays 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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