Probate Lawyers in Austin, TX

What a probate lawyer does

Probate is the court process that confirms a will is valid, gives someone legal authority over the estate, and moves property to the people entitled to it. In Texas, a will does not prove ownership of anything until a court admits it to probate (Texas Estates Code §256.001). Until that happens, banks, title companies and the county deed records have no one they can deal with.

Our probate attorneys prepare and file the application, handle the court hearing, and keep track of the deadlines that follow, so the person serving as executor is not left guessing. If you just learned you were named in a will, our article on the duties an executor takes on is a good place to start before we talk.

You do not have to be a lawyer to serve as executor, but in Travis County anyone applying for letters testamentary, letters of administration or a determination of heirship must be represented by a licensed attorney.

How the Texas probate process works

Most Austin probate cases, and most estates in the surrounding counties, follow the same basic path. Timing depends on the court’s calendar and the size of the estate, but the steps rarely change.

1. File the application. The case is filed in the county where the person lived at the time of death (Estates Code §33.001), along with the original will if there is one.
2. Prove the will at a hearing. After the clerk posts notice of the application, the applicant appears before the judge, usually for a short hearing, to prove the will and qualify to serve.
3. Receive letters. The clerk issues letters testamentary to an executor named in the will, or letters of administration when there is no will or no executor. Letters are the document banks and title companies ask to see.
4. Notify creditors and beneficiaries. Within one month of receiving letters, the representative publishes a notice to creditors in a local newspaper (§308.051). Within 60 days of the order admitting the will, each beneficiary named in it must get written notice (§308.002), and proof of that notice is due within 90 days (§308.004).
5. File the inventory. Within 90 days of qualifying, the representative files an inventory, appraisement and list of claims (§309.051), unless the estate qualifies for the affidavit the Estates Code allows in its place.
6. Pay debts and distribute. Valid debts, taxes and expenses are paid, and what remains goes to the beneficiaries under the will or to the heirs under Texas law.

Independent and dependent administration

Texas lets most estates be settled with very little court supervision. In an independent administration, the executor can sell property, pay bills and distribute assets without asking the judge for permission each time. A will can call for it directly (§401.001), and when a will names an executor but leaves that language out, all of the beneficiaries can agree to it (§401.002). It is the most common way estates are settled in Texas, and usually the least expensive.

A dependent administration keeps the court involved in almost every decision. The representative generally posts a bond, asks the court before selling property or paying many claims, and files regular accountings. It costs more and takes longer, but it can protect everyone when family members do not trust each other or when the will itself requires court supervision. If beneficiaries dispute whether the will is valid or how property should be divided, the estate can turn into probate litigation, which is a slower and more expensive process.

Shorter paths for simpler estates

Not every estate needs a full administration. Texas law offers several shortcuts, and choosing the right one can save months and a real share of the cost.

• Muniment of title (Estates Code chapter 257). The court admits the will, and the order itself serves as proof that property passes to the beneficiaries. No executor is appointed. It is available when the estate owes no unpaid debts other than debts secured by a lien on real estate (§257.001). We explain when a muniment of title works and when the court will not allow it in a separate article.
• Small estate affidavit (chapter 205). When someone dies without a will and the estate, not counting the homestead and exempt property, is worth $75,000 or less, the heirs may be able to collect property by affidavit once 30 days have passed and a judge approves it (§205.001). If the homestead is the only real property, title to it can pass this way too (§205.006).
• Determination of heirship (chapter 202). When there is no will, the court declares who the legal heirs are. It appoints an attorney ad litem to look out for any unknown heirs and hears testimony about the family history from witnesses who are not inheriting. Texas divides property in ways that surprise many families, especially blended ones, so it helps to understand how property passes to a spouse and children when there is no will.

The four-year deadline to probate a will

Families sometimes put off probate because nothing feels urgent. That delay can be costly. Under Estates Code §256.003, a will generally cannot be admitted to probate after the fourth anniversary of the person’s death unless the applicant shows they were not in default for waiting. Even when a late will is allowed, the court cannot issue letters testamentary unless the application was filed within those four years, so no executor can be appointed to act for the estate.

Handwritten wills follow the same deadline. A holographic will written entirely in the person’s own handwriting is valid in Texas, but if it is not self-proved, two witnesses who know the handwriting usually have to confirm it to the court (§256.154). Those witnesses get harder to find every year, which is one more reason not to wait.

Which court hears probate in Austin and nearby counties

Where a case is heard depends on where your loved one lived. Travis County has two statutory probate courts, Probate Court No. 1 and Probate Court No. 2, which divide the county’s probate, guardianship and trust cases between them. Both publish their own guides and filing requirements that every probate case filed in Austin, Texas has to meet.

Hays, Bastrop and Comal counties do not have a separate probate court. Estates there are filed with the county clerk and heard by the county court or a county court at law (Estates Code §32.002). The law is the same statewide, but hearing schedules, local requirements and the way each judge runs the docket are not. With offices in Austin, Buda, Bastrop, New Braunfels and Victoria, our firm works with families on probate matters in each of these counties.

Probate, trusts and estate planning

Texas probate law does not reach everything a person owns. Property held in a living trust, accounts with a named beneficiary, life insurance, and land covered by a transfer on death deed usually pass outside the court process. Part of our job is sorting out which assets need probate and which do not.

Many clients who come to us after losing a parent decide to put their own affairs in order while the experience is fresh. Our attorneys can help you update your own will and estate plan so your family has an easier path later.