Probate Attorney in Austin, TX
Helping Texas Families Find Peace of Mind After Loss
When a loved one passes away, the legal process of validating and carrying out their will, known as probate, can feel overwhelming.
At ME Law, PLLC, we help you navigate probate with clarity, care, and confidence, ensuring your family’s wishes are honored and the estate is handled properly.
Contact us online or at (512) 503-0707 to schedule a free consultation with our probate and estate planning law firm.
What is Probate of a Will?
Probate is the court-supervised process of proving a will’s validity and administering a deceased person’s estate. If the will meets legal standards, the court formally recognizes it, and an executor is appointed to carry out its instructions.
Our role is to guide you through this process from start to finish—so you understand your rights, your responsibilities, and every step along the way.
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The Texas Probate Process
We believe that knowing what comes next helps ease the stress of legal uncertainty. Here are the typical steps for probating a will in Texas:
- File the will and an application for probate with the probate court in the county where the deceased resided. This must be done within four years of their death.
- Once the application has been filed, there is a two-week waiting period before a hearing is held. During this time, the county clerk posts a public notice at the courthouse announcing the application for probate, which gives potential heirs the opportunity to contest the will.
- After the two weeks, a probate judge will conduct a hearing to confirm the validity of the will and to select an executor to manage the estate.
- Within 90 days, the executor must inventory all assets held by the estate and report them to the county clerk.
- The executor must notify all beneficiaries of the estate as well as any creditors so that they have a chance to file claims against the estate.
- Estate funds are then used to settle valid debts, bills, and taxes.
- Once debts are settled and disputes have been resolved, the remaining assets are distributed to the appropriate beneficiaries.
- Finally, the executor attends a hearing to request closure of the estate, concluding the probate process.
In Texas, the probate process typically takes between six months to a year. However, it can take longer if there are any disputes, complex assets, or issues with the will. Whether straightforward or complex, our Austin probate lawyer will guide with legal counsel tailored to your unique situation.
Types of Probate in Texas
Not all probate processes are the same. The type of probate your situation requires depends on the size of the estate, the clarity of the will, and whether family members agree on how to proceed. At ME Law, our Texas probate attorney helps you choose the most efficient and appropriate path.
Texas law recognizes three types of probate administration:
- Independent Administration: The most common and streamlined form of probate, it allows the executor to manage and distribute the estate with minimal court involvement, saving time and reducing costs.
- Dependent Administration: In more complex or contested cases, the court oversees every step of the administration, and the executor needs the court’s approval for most actions.
- Muniment of Title: Unique to Texas, this simplified probate option allows transfer of real estate when there is a will, no other major assets, and no unpaid debts (aside from liens).
Other considerations related to probate include:
- Testate vs. Intestate: If the person who passed left a valid will (testate), their wishes typically guide how the estate is distributed. If there is no will (intestate), Texas law determines beneficiaries, and additional court procedures may be required to identify legal heirs.
- Small Estate Affidavits: For estates valued under a certain threshold and meeting specific criteria, probate may not be necessary. A Small Estate Affidavit allows qualifying families to access certain assets without a formal probate proceeding.
- Heirship Determinations: When there is no will, or the will doesn’t name all beneficiaries, a determination of heirship may be needed. This legal process identifies and confirms who the rightful heirs are.
Assets Considerations in Probate
Assets Subject To Probate in Texas
In Texas, probate assets are assets that are solely owned by the deceased without designated beneficiaries or co-owners. These include:
- Solely-owned real estate
- Bank accounts without beneficiaries
- Investment accounts
- Vehicles
- Personal Property
- Business interests (e.g., ownership stakes in corporations or LLCs)
- Life insurance policies and retirement accounts payable to the estate
Assets That Typically Avoid Probate
Non-probate assets in Texas are those that pass directly to the designated beneficiaries without the need for court supervision. These include:
- Jointly-owned property
- Accounts with designated beneficiaries
- Trust assets
- Transfer-on-Death accounts
- Lady Bird Deeds
Contact Our Austin Probate Attorney Today
Probate can be emotionally and legally complex. You shouldn’t have to go through it alone. At ME Law Firm, we offer trusted legal counsel, thoughtful communication, and personalized service throughout the entire process.
Let us help you honor your loved one’s wishes while protecting your rights and easing your burden. Contact us today for a free consultation by calling (512) 503-0707 or by filling out the contact form below.
What Our Clients Say
His communication was top-notch; I was kept informed every step of the way. Thanks to his dedication and hard work, I received a settlement that exceeded my expectations. I highly recommend Mikel Eggert to anyone facing property damage issues. He truly cares about his clients and works tirelessly to achieve the best outcomes!
Mikel Egger help me until the end and guiding me step by step and explaining everything perfectly.
100% recommend
M. Woodard
He was super timely with communications and most importantly helped resolve the issue without needing to escalate it to court.
I will definitely work with Mikel for future legal needs.
