Flat-Fee Uncontested Probate

Uncontested probates in Texas typically advance toward a resolution via the following process: 

1. Paperwork is filed with the court to officially open up the probate case. If there is a will, the will is filed with the court at this time.
2. The court appoints an executor or administrator to oversee the proceedings.
3. Interested parties are notified that probate has gotten underway for the decedent’s estate. These parties can include beneficiaries, creditors, and others.
4. The estate will be inventoried. This involves creating a comprehensive, detailed list of all assets that comprise the estate. Those assets can include anything from homes, real estate, and vehicles to stocks, bonds, retirement accounts, and far more.
5. The estate’s assets will be appraised. Depending on what the assets entail, this could involve specialty appraisals and/or other efforts.
6. Any creditors’ debt claims will be reviewed by the executor or estate administrator, who will be responsible for paying the legitimate debts. If needed, assets of the estate may need to be sold to satisfy valid debts.
7. The executor will pay the estate taxes.
8. The remaining assets will be distributed to the beneficiaries, according to the terms of the will. Please be aware that beneficiaries can force estate distributions earlier in the process, as long as certain requirements are met.

Simplified on paper, uncontested probate can still be quite complex, with several moving parts, fiduciary responsibilities, and strict deadlines. More complexities can enter the picture if you’re dealing with factors like (but not limited to):

• Larger estates
• More complicated wills
• Dozens of beneficiaries 
• An onslaught of creditors

Our Austin probate lawyers can handle all of that and more, facilitating the process to minimize added stress, save you time, and obtain favorable resolutions.

It can take as little as three to six months to resolve some uncontested probate cases in Texas. However, it’s critical to understand that: 

• Every case is different, and generalities may not apply to your circumstances.
• The nature of the will and the estate can affect how long uncontested probate lasts in Texas.
• An experienced Austin probate lawyer can help executors, estate administrators, beneficiaries, and others get through the process without wasting time or making costly mistakes. An attorney can also help interested parties protect their interests and leverage the right strategies to achieve their objectives and optimal outcomes.

If you aren’t sure whether or not a will needs to move through probate, check out this video — or contact an Austin probate attorney at TAW Law for a free consultation.

At TAW Law TX, we believe in providing extraordinary representation and solutions for all probate and estate administration needs.

With so much experience in uncontested probates, we know the best strategies, tools, and procedures for resolving these cases. That makes us incredibly effective at counseling our clients through these matters. And it’s why we offer flat-fee uncontested probate services.

Yes. Uncontested probates can become contested cases if:

1. Some party has grounds to challenge the will.
2. That party raises the challenge within two years of the probate case getting underway. That two-year deadline is set by Texas Estates Code Sec. 256.204.  

This may happen, for instance, if: 

• Another version of the will is discovered after an uncontested probate case has been initiated.
• There are grounds to claim undue influence, fraud, or lack of mental capacity when the will was created.
• Other circumstances apply.

This potential — for disputes to arise and complicate uncontested probate cases — is another reason why it’s prudent to retain an Austin probate attorney whenever you’re a party to a probate case in Texas.

Yes, it’s generally in your best interests to retain an attorney when it’s time to proceed with contested or uncontested probate in Texas.

The truth is that it can be difficult to know:

• When probate is necessary
• Whether probate may be uncontested versus contested
• How to get a probate case started
• How to manage all of the paperwork, deadlines, and demands of uncontested probate cases 
• How to anticipate and respond to potential will contests and other hurdles in the probate process
• The local rules of each individual county court

With an Austin probate attorney, you can get invaluable counsel and support at every point in the probate process. With TAW Law TX, you also get priceless representation and peace of mind at a flat-fee rate for uncontested probate services.

Talk to an Austin probate lawyer for more insight and answers related to your situation, options, and how to proceed.