Estate Planning for Smith County, Texas Property Owners

For most Smith 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 Smith 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. 3. The two tools that keep a Smith 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. 3 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 Smith County

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

Where to Record Property Documents

Deeds and other real property documents for Smith County are recorded with the County Clerk in Tyler, TX 75702.

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 Smith County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Smith 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 Smith County

FirmTyler, TX

Allen Lottmann Kimmel PC

Serves 9 counties

East Texas estate and probate firm in Tyler serving Smith, Gregg, Henderson, and surrounding counties. Partners Richard Lottmann, Gregory Kimmel, and Staton Lottmann represent executors and administrators from muniment of title through multi-state estates, handle guardianships and supplemental needs trusts, and bill probate hourly rather than as a percentage of the estate.

PracticesEstate PlanningProbateGuardianshipBusiness SuccessionWealth Planning

Office
3805 Old Bullard RoadTyler, TX 75701

FirmLongview, TX

Ishihara & Parker Law Firm PLLC

Serves 5 counties

Longview firm serving Gregg County and the surrounding East Texas counties in probate and estate administration, Medicaid applications and estate recovery, guardianships, and special needs planning. Kristen J. Ishihara is board certified in estate planning and probate law; associate Christopher A. Parker is a member of the National Association of Elder Law Attorneys.

PracticesEstate PlanningProbateElder LawGuardianshipand 4 more

Office
3000 H.G. Mosley PkwyLongview, TX 75605
Virtual consultations

FirmTexarkana, TX

Ross & Shoalmire, P.L.L.C.

Serves 6 counties

Elder law and estate planning firm with offices in Texarkana, Tyler, and Paris, Texas plus Magnolia and Hot Springs, Arkansas. Guides executors and administrators through estate settlement, will probate, and probate litigation over executor misconduct and inheritance disputes, and handles guardianship, Medicaid planning, asset protection, and special needs trusts.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 5 more

Office
1820 Galleria Oaks DrTexarkana, TX 75503

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

FirmBeaumont, TX

Germer PLLC

Serves the whole state

Beaumont-headquartered Texas firm whose estate group serves Jefferson, Orange, and Hardin counties from its home office. Principals Christopher D. Leavins and Gary W. Coker advise executors, trustees, and beneficiaries on settling estates and managing trusts, handle guardianships, and litigate will contests and trust disputes. Offices in five Texas cities.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
550 Fannin, Suite 400Beaumont, TX 77701

FirmAustin, TX

Jackson Walker LLP

Serves the whole state

Texas firm whose Trusts & Estates group works from six offices statewide, including Austin, for families, family offices, and closely held businesses. Handles probate, trust, and guardianship administration, fiduciary advice to executors and trustees, and trusts and estates litigation, alongside wealth transfer, business succession, and charitable planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
100 Congress Avenue, Suite 1100Austin, TX 78701
See all 7 firms serving Smith 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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