Austin Probate and Estate Adminstration

Experienced and Compassionate Austin Probate Lawyers

When a loved one passes, the next steps are often unclear.  Nielsen Law, an Austin probate law firm, is here to help guide you through the emotional and stressful probate and estate administration process that follows the death of a loved one.

Whether the deceased had a living trust, Will, or died intestate (without a will), we can take you step-by-step through the administration process.  Attorney Liz Nielsen is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, and has guided many families through the estate administration process.

The process of probate is often complex and stressful. You don’t have to go it alone.  Austin probate law firm Nielsen Law is here to help.

Our Estate Administration Process

Peace of mind starts here.

One of the things that sets us apart from other firms is our estate administration process. Our process ensures that we address your immediate concerns,  get to know you, understand your needs, and make recommendations based on what procedure will be most efficient and effective for your specific situation. Each time we interact, our goal is to move one step closer toward concluding the estate administration process. We want to ensure that the process is as easy and painless as possible: we hold your hand through each step and guide you through the often complex and stressful estate administration process.

The estate administration process starts with an initial meeting. This first meeting is a time for us to get to know each other. We will ask you to fill out our client worksheet and bring it with you to the meeting. We will review your worksheet and use it to discuss your immediate concerns and questions. We will also discuss in detail our estate administration process and how we work with clients. This is a good time for both you and us to determine if we are a good fit to work together.

Before we can determine the most efficient process for administering your loved one's estate, it is necessary to gather all of the decedent's assets.  We will work with you to obtain financial statements, deeds, and to determine if there are life insurance or retirement accounts.

Once all of the assets of the estate have been gathered, we will review the documents and create a flowchart of the estate plan.  We will then meet to go over the results of our review and discuss whether a probate or other administration is necessary.

If, after reviewing all of the gathered assets, it is determined that a probate is necessary, we will help guide you through the appropriate probate process in court.

Once the administration is complete, we will then work with you to distribute the assets in accordance with the documents and court requirements.

At the conclusion of the estate administration, we will meet with you to complete a final review of all of the assets, confirm that all assets have been distributed, and, if necessary, formally close the estate.

Types of Probate in Texas

In Texas, there are several types of probate proceedings that can be used to distribute a deceased person's assets and settle their affairs. These include:

  1. Independent Administration: This is the most common type of probate in Texas, and it allows the executor or administrator of the estate to manage the affairs of the estate without court supervision. This process can be faster and less expensive than other types of probate.
  2. Dependent Administration: In a dependent administration, the executor or administrator must seek court approval for certain actions, such as selling property or distributing assets. This type of probate can be more time-consuming and expensive than independent administration.
  3. Muniment of Title: This type of probate is usually only used when the deceased person's estate consists only of real estate. The court will issue an order recognizing the transfer of ownership.
  4. Small Estate Affidavit: If the estate's value is less than $75,000, the decedent died without a will, and there is no real estate involved, the heirs may be able to use a small estate affidavit to transfer the assets without going through probate.

It's important to note that the type of probate needed will depend on the specific circumstances of the estate, and it's best to consult with an experienced probate attorney to determine the appropriate course of action.

Austin Probate Process
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