Estate Attorneys Providing Dedicated Legal Services to Clients Going Through the Emotionally Challenging and Legally Complex Probate Process in Austin, Texas

If you are reading this web page, it is likely that you have recently lost a family member or other loved one and are concerned about the legal matters involved in the Texas probate process. Alternatively, you may be exploring your options for estate litigation in a probate case, or you might be looking to make things easier for your loved ones upon your passing. Whatever the case may be, we fully understand that these matters are not only legally complex but can also be extremely emotionally taxing, especially in situations where conflicts arise between family members or will beneficiaries bring will contests. In an effort to make these matters easier for you and others involved in the probate process, our Austin law firm proudly serves clients with compassion, empathy, and humanity, aiming to help reduce stress and bring peace of mind to all parties involved.

Our Austin probate lawyers represent clients with large and small estates, as well as those with legal concerns related to trust administration and other estate planning issues. We possess in-depth knowledge of Texas probate laws and would be honored to bring our extensive experience to bear on your behalf during this challenging time of grief and mourning.

The legal team of Willi Law Firm serves all types of clients in probate proceedings, including beneficiaries, estate executors or administrators, and other interested parties. Learn more about our legal services and how we can provide valuable guidance to you and your family.

Please contact us to request a free consultation with our estate planning lawyers today.

What is Involved in the Probate and Estate Administration Process in Austin, TX?

When a loved one passes away, their estate often undergoes a court-managed process called probate or estate administration. A person is not permitted to probate an estate “pro se.” An attorney must be hired to appear in the probate court on behalf of the estate. Several statutes and rules govern the management and distribution of the deceased’s assets. 

If a person has only a will, that will is a ticket to probate court. A will means nothing until a probate court judge declares it to be valid and enforceable. Then, there are several procedural steps to follow before the terms of the will can be fulfilled. The length of time required to complete probate proceedings for an estate depends on the size and complexity of the estate, as well as the local rules and schedule of the probate court. Ensure you consult with an experienced probate attorney in Austin, TX. Our law office features experienced and qualified Austin estate administration lawyers dedicated to serving clients in Austin, Cedar Park, Travis County, and surrounding areas.

If your loved one owned his or her assets through a well-drafted and properly funded living trust, no court-managed administration is likely necessary. This avoids the very public event of having to file a will with the probate court. It also avoids the costs and time delays associated with court-managed probate of an estate. With a well-drafted and integrated trust plan, the person named as the successor trustee of the trust will be able to handle the distribution of the trust assets without needing to go to court first.  

Whether you have a handwritten will (also known as a holographic will) or a typewritten will, its validity must be proved in court. To probate a will, it must be established in court that the will meets the requirements of execution and that the will was not canceled or revoked. Additionally, unless the will is “self-proved,” proof of a handwritten will requires the testimony of two witnesses to the testator’s handwriting, and evidence of a typewritten will requires the testimony of one of the attesting witnesses.

What Are the Legal Guidelines for Texas Probate Matters?

It is essential to maintain the original will. If the original will was last seen in possession of the decedent, and now it cannot be found, it is presumed that the testator destroyed the will. While it is possible to overcome the presumption, actual evidence will be necessary, and the legal process of probate court will be more costly and time-consuming.

A self-proved will has attached a specific form of an affidavit containing certain required statements, which is executed before a notary public at the time the will is signed or anytime thereafter but before the testator dies. A standard notary acknowledgment alone is insufficient to make the will “self-proved.” A self-proved will is admitted to probate based on the self-proving affidavit, and there is no need to call witnesses.

A will that is not proved in court is denied probate. In this event, the decedent’s property passes to his or her heirs as if he or she died without a will. It is essential to execute a will that meets all legal requirements so that the property passes according to the testator’s wishes.

After proving the validity of a will, or the lack of a will, the next step in the process is the administration of the estate. Get help from an estate administration attorney in Austin, TX, for this step. Our probate attorneys in Texas can be contacted at 512-402-6753 for a free case review.

What is the Difference Between Independent and Dependent Administration?

Texas probate laws offer two primary methods for settling estates and resolving legal matters related to the probate process: independent administration and dependent administration. To make sure that your estate is settled correctly after your death, you must speak with an experienced attorney to draft a valid will and address other estate planning concerns.

In the independent administration process, the estate’s executor has the authority to make crucial decisions about the estate and is not necessarily required to consult with the judge overseeing the probate case. A last will and testament must specify the desire for independent administration. If the will does not specify independent administration wishes, all beneficiaries must agree to the process. Independent administration is typically a faster and easier legal process for the estate executor, allowing them to pay debts, sell property, and settle creditor claims without the need for court approval. If you have been designated as the estate executor for independent administration, you are strongly encouraged to seek the professional legal counsel of experienced Austin probate attorneys.

Texas probate courts supervise dependent administration proceedings. In such instances, the executor of an estate must seek the approval of a judge to settle claims, sell off properties when paying debts, and distribute estate assets to beneficiaries or heirs. In scenarios where someone dies without a will, the law stipulates that the estate must be administered independently, unless all legal beneficiaries agree to independent administration. Since dependent administration proceedings require the approval of probate court officials, the process generally takes longer to resolve, and there are typically more responsibilities for the estate executors.

How Can Our Local Austin Probate Lawyers Assist Those with Complicated Estates Throughout Probate Proceedings?

While the probate process can be complicated even for smaller estates, most large estates often have unique concerns because of significant amounts of wealth, potential business interests or ownership, real estate investments, and other complexities.

Some of the unique challenges for larger, high-net-worth estates include the following:

• Estates with significant assets may be subject to federal estate taxes as well as taxes for capital gains and other liabilities. It is often necessary for large estates to seek legal advice for estate tax planning
• Business owners, particularly those who own family businesses, must have a clear and easily understood business succession plan that outlines how leadership will be passed down to the next generation or sold through a buy-sell agreement. The lack of proper business succession planning can become a source of conflict and potentially interrupt business operations
• Complex estates often require careful valuations and delicate handling of estate assets to ensure proper distribution of property to beneficiaries. Assets that can complicate estate structures could include investments, business interests, offshore accounts, real estate, and intermingled marital property 
• Large amounts of wealth can sometimes lead to disputes between family members, including will contests, allegations of breaches of fiduciary duties, claims of undue influence, and other reasons for estate litigation
• Probate proceedings are public, and sensitive personal or financial information could be exposed to prying eyes. It may be necessary to consider various types of trusts, which can help avoid public probate cases
• Estate executors for larger estates have a great deal of responsibility to do right by the estate and all beneficiaries. Any small error could lead to liability concerns. For help addressing fiduciary risks, estate executors for large or complex estates are encouraged to retain professional legal counsel

What is a Small Estate Affidavit?

Not all Texas residents pass away with significant amounts of wealth or complex estates that require experienced legal representation for estate administration. Smaller estates typically have fewer complexities, so Texas created the small estate affidavit (SEA) to assist families with small estates through the probate process. Essentially, smaller estates that qualify for a small estate affidavit may be able to close the estate without the need for the typical probate proceedings, thus simplifying asset transfers and other legal matters.

Among the criteria for qualifying for a small estate affidavit in Austin are the following:

• The deceased individual must have been dead for at least 30 calendar days
• The decedent passed away without a will and is subject to Texas intestate laws
• All potential heirs must have been identified and located, and each one must be willing to sign the small estate affidavit. In cases of minor children, legal guardians must sign for them
• The estate’s value must be $75,000 or less, excluding homestead property and other specific exempt property 
• Any outstanding debts of the estate must be valued at less than the estate assets, excluding mortgages and debts secured by exempted property 

To learn more about the other legal requirements and conditions of small estate affidavits, please contact our Austin law firm to schedule your free initial consultation with our legal team today.

Do You Need the Legal Representation of Estate Planning Attorneys for Will Contests in Austin Probate Courts?

With proper estate planning, it should be possible to avoid probate litigation brought forth by beneficiaries or those who believe they should have been named beneficiaries. However, even in the most well-prepared situations, contests, trust litigation, and other challenges to an estate plan may still arise.

Some of the most common grounds for contesting a will in Texas include the following:

• Allegations of undue influence
• The last will and testament was not valid under Texas law
• Instances of fraud, including misrepresentation, which could invalidate the will
• There were concerns about a lack of mental capacity at the time of drafting the will
• A belief that the will or other estate planning document is a forgery with fake signatures, false new language, or other issues
• And more

Similarly, common grounds for challenging trusts include questioning the trust’s validity, taking issue with the trustee’s administration of the trust, and other related concerns.

Only specific individuals have the right to contest wills in Texas, including designated beneficiaries, disinherited individuals, and intestate heirs.

Whether you are contesting and well, hoping to defend an estate plan document, or are being accused of a breach of fiduciary duties, you must seek professional legal representation in hopes of securing a favorable outcome to your case. Our firm offers free consultations to prospective new clients interested in retaining our legal services.

Contact Our Austin Probate Law Firm to Schedule a Free Consultation with an Experienced Attorney Today

In addition to providing dedicated legal representation to individuals and families navigating the Texas probate process, our Austin law office can also represent your interests in various other related practice areas. Examples include elder law, asset protection strategies, heirship proceedings, the creation of living wills, special needs trusts, and other types of trusts, as well as other estate planning measures.  To protect your rights and pursue a satisfactory resolution to your probate case, we encourage you to reach out to our Austin, Texas law firm.

Schedule a free, no-obligation case evaluation with our legal team today by contacting us at 512-402-6753.