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Probate Administration

Probate Administration | Estate Planning | Will Preparation

Quality Probate Administration Services

probate attorney in austin

Todd A. Wilson

Estate Attorney

Law Office of Todd A. Wilson is a full-service probate and estate planning law firm. Call us at 512-827-9212 for a FREE consultation. We are located in 4425 S. Mopac Expressway., Bldg. IV, Suite 100.

Being a locally owned company, we are members of the Austin Bar Association, Texas Bar Association, and American Bar Association. You can schedule an appointment with us online. Learn more about what probate is all about from the FAQs below.

Probate Administration FAQs

What is probate?

Probate is the legal process of administering one’s estate after death. It includes proving a will in court, determining heirs, creating an inventory of the assets of the deceased, paying debts, and distributing the appropriate amount of assets to the correct heirs.

How does probate work?

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.

What's the difference between an independent and a dependent administration?

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.

Who is responsible for probate?

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.

Get Compassionate Help in Probate Cases

Some of the occasions where we can be of help include:

  • Your uncle passed away all of a sudden not leaving behind any estate plan or will;
  • Your father passed away, 4 years before, and the will is still left unexecuted;
  • Your great aunt passed away without leaving any estate executor;
  • A husband passed away leaving behind children from a previous marriage.

Situations Where We Can Help

  • You are named as executor in the will;
  • Spouse passed away (with or without a will) and surviving spouse incorrectly believes that the house is automatically hers or his;
  • Parents passed away (with or without a will) and house and other assets need to be distributed;
  • Parents passed away over 4 years ago and title to the house was never changed;
  • Parents passed away and children do not get along;
  • Common law spouse passed away;
  • Family member passed away, leaving a will, but none of the named executors are alive or want to serve.

Types of Probate

    • Independent Administration: It is the most effective type of probate. The administrator acts without a court supervisor. It is easiest with a will. However, it can still be accomplished with no will if all beneficiaries consent.
    • Dependent Administration: It is more expensive and time-consuming. The administrator acts with court supervision.
    • Muniment of Title: Unique to Texas, the Muniment of Title probate allows transfer of house title when there is a will and no other major assets. Although it is expedient and cheaper, it is not usually appropriate for anything other than the house.
    • Determination of Heirship: Streamlines the process when there is no will and not many major assets.
    • Small Estate Affidavit: Appropriate where there are less than $50,000 in assets (excluding the house) and no will.
    • Affidavits of Heirship: A cost-effective means of avoiding court where there is no will.