Probate

Probate is the process by which a personal representative is approved by the Court to manage a deceased's estate. Certain factors including but not limited to the type of administration, whether the estate is testate or intestate, and other unique Will situations may make the process lengthier or more costly. We will provide a summary below of the most common situations we see when assisting our Clients with Probate matters. We are providing the summary below for informational purposes only.
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Types of administration

When we petition the Court to begin the probate process, we must request either an Independent Administration or a Dependent Administration. While we usually prefer to request an Independent Administration, certain circumstances may make a Dependent Administration the best solution for you.
Independent Administration
An Independent Administration means that the Executor or Administrator can manage the estate on their own without petitioning the Court.
Dependent Administration
A Dependent Administration requires the Executor or Administrator to petition the Court for approval on each action they wish to take on the estate's behalf.

Types of Estates

The Estate is a collection of assets owned by an individual, though certain assets may or may not be probateable. or may held in an entity such as a Trust. The type of Estate can also influence the length and cost of the Probate process.
Testate Estates
Testate means that a valid Will was in force at the time of an individual's passing. With a testate estate, the original Will is sent to the Court so that they can prove that the Will is valid and that the correct personal representative from the Will is appointed to serve as the Executor of the estate.
Intestate Estates
Intestate means that a Will was not in place at the time of an individual's passing. For an intestate estate, the probate process is lengthier and more expensive. The Court must take steps to ensure that the correct Executor is appointed to serve.

UNIQUE WILL SITUATIONS

holographic wills
A holographic Will is handwritten in a person's own handwriting. It is typically only done in extreme or emergency circumstances, and must adhere to very specific qualifications to be valid. A holographic Will may be probated, but can be a more involved process.
Copy of a Will
In certain circumstances, a copy of a Will can be probated if an original Will is lost. While a copy of a Will can be probated, it is a lengthier process.

How We can help

We are happy to assist with any of the situations outlined above. While we primarily serve the Dripping Springs and Austin communities, we have also assisted our Clients in the following counties: Travis, Williamson, Hays, Burnet, Llano, Harris, and Tarrant. We understand that the probate process can feel confusing and daunting, and appreciate the opportunity to support our Clients by making it as seamless as possible through our knowledgeable and empathetic approach.
Have a question or would like to make an appointment? Reach out to us by phone, email, or through the Contact Us Page. We would love to hear from you!
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13341 W. Hwy. 290, Bldg. 2 Austin, Texas 78737