Probating a Will – Williamson County Texas

After a loved one passes away, a legal process known as probate may be commenced to distribute the deceased person’s assets. The point of the probate process is to transfer assets such as money, and property to the beneficiaries or heirs. The probate process involves numerous steps including filing the application to probate a will, drafting documents, serving or notifying beneficiaries, and compliances with deadlines, or court requirements.

The following is a list of possible requirements:

  • Proving the validity of a will,
  • Creating an inventory, and appraisement of the property that identifies the property of the deceased.
  • Notifying creditors, paying debts and taxes, and
  • Transferring the assets of the deceased person according to the terms of the will (if a will exists).

However, If a will does not exist, the Texas has a process that is deals with transferring the property to the deceased person’s heirs. Generally, the court will appoint an executor/administrator to deal with the transfer of property, and other matters of the deceased person.

This process of identifying heirs and property along with dealing with debt and taxes is referred to as the “the probate process.” The court supervises the process to ensure the distribution of assets is done within the accordance of law.

Three different types of Probate

A loved one’s death is a devastating situation, when the death is the only issue going through your mind. The trauma associated with the death of a family member or loved one is raised to a different level, when having to deal with the court system, while going through the grieving process. The whole situation may be overwhelming.

The various types of probate differ based on the level of supervision required by the court. The easiest type of probate is muniment of title. In this situation, no administrator or executor is appointed. The court transfers title to the beneficiaries. Muniment of title is an option when solely dealing with real estate.

The second type of probate is referred to as independent administration. This type of probate is the most common and least costly. When using this form of probate the Executor or Administrator has more power to transfer property according to the terms of the will.

If you have questions about probating a will in Williamson County, call the Round Rock Law Office of Clifford Swayze at (512) 335-5245.

We serve Williamson County, and Austin, Texas: Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor, Killeen, Temple, Coppers Cove.


The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.