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Q: I need to file a will for probate, a probate case, or a guardianship. What do I do now?
A: Contact your attorney. While you may represent yourself in some lawsuits, you may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates.
Q: How can I schedule a hearing?
A: Contact the Probate Court at (512) 854-9258.
Q: When is the uncontested docket heard?
A: View the complete schedule of hearings on the Probate Court website.
Q: What if I cannot afford my court costs?
A: If you are indigent (suffering from financial hardship as defined by the Texas Rules of Civil Procedure ), you may want to complete an Statement of Inability to Afford Payment of Court Costs or an Appeal Bond as described in those rules and file it with your petition or application. These forms are also available at the Civil/Probate counter in Room 222 of the Courthouse. If you are represented by an attorney and are considered indigent under Texas Rules, your attorney may present a statement that the representation is pro bono (in other words, free). If the application is for any administration of an estate, including an estate of a ward in a guardianship case, it would be most unusual for an indigence claim to be filed, since the estate may pay for such costs.
Q: How do I get money that has been deposited in the court registry?
If you are not an attorney or Pro se, not represented by an attorney, you may file your necessary documents via regular or certified mail to be sent to:Probate Division
Travis County Clerk
P.O. Box 149325
Austin, TX 78714
or by a commercial carrier (FedEx, UPS, USPS Express or Priority Mail, etc.) to:Probate Division
Travis County Clerk
5501 Airport Boulevard
Austin, TX 78751-1410
You may also visit the Travis County Clerk’s Office Probate Division at:1000 Guadalupe, Room 222
Austin, TX 78701
to file the necessary paperwork. If you have all the documentation and information required including the cause number for the case, electronic filing or e-filing is also available at www.efiletexas.gov to the Pro se party for convenience (Attorneys must e-file documents). If filing the documents in person, the deputy clerk will need to make copies of an identification card or document with your photograph (valid driver’s license, passport, etc.) for the Clerk to authorize payment. If the money has been in an interest-bearing account, bring the photo ID, birth certificate, and Social Security card as well.
If the money was deposited for a child, bring your driver’s license or passport, your photo ID, and a certified copy of your birth certificate. If the name of the child has been changed, please bring documentation (e.g., adoption order, marriage certificate, order to change name) to support the name change.
All of the necessary documents must be witnessed and signed by a notary (witness and signature lines located at the bottom of the PDF motion copy above).
Bring a completed IRS Form W-9 (available at www.irs.gov ) if you do not have one on file with our office completed in the past five years.
You should receive a check in six weeks.