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 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.
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.