Estate Planning for Waller County, Texas Property Owners

For most Waller 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 Waller County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the County Court and County Court at Law. The two tools that keep a Waller 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 and County Court at Law decides who receives the property: a simple Texas probate takes 4+ months and opens with $420 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 Waller County

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

Where to Record Property Documents

Deeds and other real property documents for Waller County are recorded with the County Clerk at 836 Austin Street, Suite 1200, Hempstead, TX 77445. Phone: 1-979-826-7711. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Clerk charges $15 for the first page plus $4 for each additional page. A 2-page transfer on death deed costs $19 to record in Waller County. No transfer tax applies to a transfer on death deed.

Waller County accepts electronic recording through CSC and Simplifile.

Recording Office Record

County Clerk

Waller County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

836 Austin Street, Suite 1200, Hempstead, TX 77445

Open in Google Maps

Fees

Recording fees

Base fee (first page)$15
Each additional page$4
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

Tex. Loc. Gov't Code § 118.011(a), § 118.0216; Waller County Clerk 2024 fee schedule

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Waller County

FirmHouston, TX

Porter Hedges LLP

Since 1981 · Serves 8 counties

Houston firm founded in 1981 whose Trust, Probate, and Estate Planning group serves business owners, executives, and their families in Harris County and the surrounding metro. Handles estate and trust administration, probate disputes, creditors' claims, and the fiduciary duties of executors and trustees, and drafts wills, family and charitable trusts, and business succession agreements.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
1000 Main Street, 36th FloorHouston, TX 77002

FirmKaty, TX

Theander & Grimes, PLLC

Serves 3 counties

Serves Fort Bend and Harris counties from Katy, with a second office in Tomball. Attorneys Christy Theander and Amanda Grimes handle dependent and independent probate administrations and heirship proceedings, guardianships, and Medicaid and long-term care planning, alongside wills, trusts, and powers of attorney.

PracticesEstate PlanningProbateProbate LitigationElder Lawand 5 more

Office
1325 Main Street, Suite 1101Katy, TX 77494

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

FirmCedar Park, TX

Robbins Estate Law

Serves 5 counties

Estate planning and probate firm based in Cedar Park with six more offices across Austin, Round Rock, Bellaire, and Arlington. Handles probate administration and avoidance, muniment of title, small estate affidavits, trust administration, guardianship, will contests, and breach of fiduciary duty claims. Eight attorneys split between planning and probate teams.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
13625 Ronald Reagan Blvd, Bldg 5, Ste 200Cedar Park, TX 78613
Free consultation

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
See all 8 firms serving Waller 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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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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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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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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