Probate Administration Attorneys

Oftentimes, when a loved one passes away with a Will, the only way to transfer ownership of their assets is through the legal process of “probate”. Probate is the court process that settles an estate after a death. Texas offers several probate procedures and the right one depends on the Will and the assets. We guide executors and families through whichever procedure fits.

At Thrash, Carroll & Sanchez Law Group, we strive to provide you with the tools you need to prepare for the future. From estate planning to probate administration services, we have the skills and experience to handle it all. We work with individuals throughout Austin, TX, to make the legal process of estate planning and asset protection as simple and straightforward as possible.

When you are ready to secure your wealth, let us help. Contact us today to learn more about what we can do for you and request a consultation.

What does probate administration involve?

Probate is often needed to get the authority you need to make the transfers required after a loved one’s death. Texas has several types of probate proceedings, which are different in the time required and expense. The probate procedure a client needs will depend upon the nature of the decedent’s assets, whether the decedent has a valid Texas Will, and the total dollar value of the assets they owned. The most common processes are independent administration, dependent administration, determination of heirship (“intestacy”), muniment of title, small estate administration, and affidavit of heirship. At TCS Law Group we understand that each situation is unique, which is why we tailor our services to our client’s needs and circumstances. Whether your loved one had a Will or not, we can ensure that the probate administration process will be as stress-free as possible. We have decades of experience and we are here to support your family. So wherever you are in the probate administration process, reach out to our team and find reliable advice and guidance. Also, know that probate administration may be avoidable if your assets are managed appropriately before you pass. We can help you with that too.

Which Texas probate procedure applies?

Texas has six ways to settle an estate. Which one fits depends on whether there is a valid will, what the estate owns, and whether anyone disputes it.

Independent administration
Dependent administration
Determination of heirship
Muniment of title
Small estate administration
Affidavit of heirship

How can we help?

We take pride in our problem solving skills and are dedicated to getting our clients what they need. If you’ve recently lost a loved one and need our help, or if you’re unsure whether you need our help, don’t hesitate to reach out. You can contact us at (512) 263-5400 or through our contact form to request a consultation in our Lakeway office or by Zoom.

Common questions

How long does independent administration take in Texas?

Most simple independent administrations in Texas take six months to a year from filing to completion including distributing the assets. The first hearing is usually a few weeks after filing, and the executor then has 90 days to file an inventory or an affidavit in lieu of inventory. If the estate is complex and an estate tax return is due this may take longer.

What is the four year rule for probating a Will?

In Texas, a Will generally must be offered for probate within four years of the date of death. After that, the court can usually admit it only as a muniment of title, and only if the person offering it was not at fault for the delay.

Do I need a lawyer to probate a Will in Travis County?

Almost always, yes. Texas courts, including the Travis County Probate Court, require an executor or administrator to be represented by an attorney because that person is acting on behalf of others, with narrow exceptions such as some small estate affidavits.