Uncontested probate refers to probate proceedings in which none of the beneficiaries raise challenges regarding the validity of the will. While uncontested probates can still be complex, they tend to be more straightforward than contested probate cases. At TAW Law TX, our Austin probate attorneys offer flat-fee services for uncontested probate cases.

After one’s death, the executor (or administrator) files paperwork to determine the validity of the will and/or determine which of the heirs will inherit the decedent’s assets. Potential beneficiaries and creditors must be notified. All of the decedent’s assets must be inventoried and managed until distribution, which could take months or years. Property might need to be sold to pay off debts.

Independent probate administration is a simplified version of probate that allows the executor to act largely outside the supervision of the court. This helps to speed up and simplify the process. Dependent administration requires court oversight and approval throughout the probate process.

If an executor is named in a will, that person handles the process. Often, this is a spouse, child or a close personal friend. If no will exists, the court will determine an administrator to oversee everything.

Yes — if you are concerned or serious about protecting your rights and interests as you move through the probate process, it’s typically prudent to retain an experienced probate lawyer, like an Austin probate attorney at TAW Law TX.

That’s because:

1. Probate can be complicated: Regardless of whether you’re going through contested or uncontested probate, the process can be complex and involve various requirements, deadlines, hearings, and more. Navigating the process can be tricky, if not cumbersome and taxing, without the guidance and support of a knowledgeable lawyer.
2. A probate lawyer can provide essential counsel: From explaining the process to providing advice, managing deadlines, representing you in court, and beyond, an attorney can be there at every step to represent you and advocate on your behalf during the process. That can be crucial to achieving more efficient and more favorable resolutions, regardless of whether you’re an heir, a personal representative, or another interested party.

When it comes to probate representation for contested and uncontested cases, here’s the bottom line — it can be easier to make mistakes, miss deadlines, and overlook certain rights or obligations associated with probate if you don’t have a knowledgeable attorney in your corner.

At TAW Law TX, our probate lawyers in Austin offer exceptional counsel for all types of cases, and we provide flat-fee service for uncontested probate cases.