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Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.

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TX · Travis County · Family estate-planning guide

Estate planning in Austin, TX

Austin's tech-influx and double-digit appreciation mean inherited basis is the dominant tax issue.

Why this matters in Austin

The local angle

Austin home prices doubled between 2015 and 2022. Families inheriting homes bought 20+ years ago are sitting on enormous unrealized capital gains — step-up basis at death effectively wipes that gain. Documenting the date-of-death FMV with a contemporary appraisal is non-negotiable.

Local nuance

Travis County probate court is efficient and the local bar has a high concentration of independent estate attorneys serving the tech population. Independent administration is the norm.

Top concerns for Austin families

  • Step-up basis on appreciated Austin real estate
  • Tech-equity estate planning
  • Out-of-state property (many transplants)
  • Texas community property in second marriages

Texas state law

At a glance

Austin estate work is governed by Texas state law. Here's what every family should know.

Probate timeline
4–12 months typical (faster than most states)

$2,000–$5,000 typical, often less with independent administration

Small estate
Under $75,000

Small estate affidavit + muniment of title

Estate / inheritance tax
No estate tax

No inheritance tax

Spousal rights

Community property state — spouse owns 50% of community assets automatically

Common pitfalls

  • Texas has 'muniment of title' procedure for some estates — fast and cheap
  • Independent administration (vs dependent) skips most court supervision
  • Homestead protections among strongest in US

Founding Member

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7-day welcome sequence covers the 3 documents, the parent conversation, sibling conflict, the inherited house decision tree, and the digital legacy plan. Free.

Free resource

Start with the checklist

Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.

No spam. One email with the checklist, then occasional updates.