Probate Administration

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 someone passes away, the executor (or administrator) files paperwork to:

• Open up a probate case: Probate will need to be filed in the county in which the decedent lived.
• Determine the validity of the will: This process can involve will contests, investigations, additional hearings, and more. In fact, some notoriously complex and contentious probate cases have even sparked decades-long litigation and incredibly wild, yet true, stories about wills.
• Verify which heirs inherit the decedent’s assets: Although this can take time, Texas law permits beneficiaries to seek partial distributions from estates in some cases.

To do this, Texas probate generally involves the following process:

1. The documents are filed with the probate court to initiate the case. If a will exists, it’s filed with the court at this time.
2. The probate court officially appoints an executor or administrator to oversee the proceedings. One year after the court issues letter testamentary, making this official appointment, interested parties may be able to seek partial distributions from an estate.
3. Interested parties, including creditors and heirs, will be notified of the probate proceedings.
4. The property and assets of the estate will be inventoried and appraised.
5. The estate will pay any outstanding debts, reviewing creditor claims for validity before making any payouts. Property may need to be sold to pay off debts.
6. Pay any and all taxes necessary.
7. Distribute the estate’s assets to the beneficiaries, per the terms of the will or the Texas state law if a valid will was not left by the decedent.

With a valid will and all parties on the same page, probate in Texas can still be a complicated, multi-phase endeavor that’s sensitive to mistakes — and that can be derailed with missed deadlines, document oversights, and other missteps.

That’s why it’s generally in the best interests of executors, administrators, beneficiaries, and others to retain the counsel of a probate attorney, preferably one with experience in the same county where the case will be resolved.

No two probate cases are exactly alike, so there is no standard period of time for wrapping up these legal matters. In fact, some of the factors that can impact how long it takes for a Texas probate case to be resolved include:

• Whether one or more versions of a will have been left behind
• The nature and complexity of the estate’s assets
• The types and number of creditor claims filed with the estate
• Whether any interested parties raise a contest to the will, challenging its validity

Generally, however, more straightforward probate cases tend to proceed faster than more complicated ones. Still, even the simplest probate cases in Texas typically take at least six months to resolve.

To get a more precise answer to this question, contact an experienced probate attorney in Austin for a free, confidential consultation.

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.