Many families understandably fear the probate process, since it can be highly technical and complex. Even if everything goes smoothly, you are looking at a process that can last for many months until it can be concluded. The personal representative has many tasks that they must perform, and each of them must be done correctly, both to protect themselves and ensure that the probate process can keep moving forward. Hiring an experienced Travis County estate and probate attorney is an investment that can mean a less difficult probate process.  

Does Every Estate Have to Go Through Probate in Travis County?

If the estate has property that needs to be retitled in the name of the beneficiaries, the probate process is a legal requirement. Assets cannot simply be handed down to the beneficiaries in a will without a formal legal process. There are some exceptions to the requirement for probate, and some assets can be distributed automatically if there is a transfer-on-death account, but many estates need to go through probate. Otherwise, the beneficiaries cannot receive their assets from the estate. 

Who Has Responsibilities in the Probate Process?

When an estate must go through probate, it will be the personal representative who shoulders most of the burden. This individual is the one who was named in the will as the person who is tasked with administering the estate and getting it through the probate process.

The personal representative performs many tasks that can include: 

• Locate and secure all of the assets of the estate
• Open the probate process with the court by making the necessary filings (including submitting the will to the court)
• Notify all of the interested parties (including creditors) of the probate proceedings
• Pay valid creditor claims that have been filed against the estate
• Manage the property of the estate while the probate process is pending
• Distribute the assets of the estate to the beneficiaries in accordance with the terms of the will
• Prepare the final accounting and close the estate with the court

As you can see, there is a difficult process ahead of you. Probate is something that you do not have to handle on your own when you hire an experienced attorney to handle the details. 

Probate Can Present Numerous Challenges

Probate is a legal process that is not known to be easy. First, your family has likely not been in this position before, so you may be unaware of the strict legal requirements. Even though the personal representative was appointed because they may have been in the best position to fulfill the requirements, they may still not have a full grasp of what happens in probate and what they must do as part of the process.

It is possible to make mistakes in the paperwork, and the court will not accept filings with errors. Mistakes can further delay an already lengthy process. The court will not give any extra consideration to those who are not represented by a probate lawyer. 

One of the worst outcomes in probate is that there is litigation related to the estate. An interested party may challenge the validity of the will itself, which can result in a lengthy court process that can rupture a family and involve significant time and expense. The personal representative may be accused of misconduct by beneficiaries. In that event, they may even face personal liability from their own pocket if they are found to have violated the fiduciary duties that they owe to the beneficiaries. 

Do I Need an Estate and Probate Lawyer?

There is no legal requirement to hire a probate lawyer for your proceedings, but it is certainly in your best interests to do so. Obtaining legal help from a probate lawyer can make life far easier for you as a personal representative. You gain a measure of protection and the confidence that comes from knowing that things will be done right. Hiring a probate attorney is an investment in both the success of the overall process and something that can make your life far easier. 

If you are a beneficiary and there is a large or complex estate, you should also consider hiring a probate attorney. You have interests that need to be protected, and a probate lawyer can help you do that. 

Contact a Travis County Estate and Probate Attorney

If you are facing probate or estate issues in Travis County, you do not have to handle them alone. The Law Office of Brett H. Pritchard provides experienced, personalized guidance to protect your rights, your assets, and your family’s future. Whether you are navigating probate administration, will contests, or estate disputes, we are here to help. Contact a Travis County estate and probate lawyer today at 254-781-4222 to schedule a consultation and get clear, practical legal solutions you can trust.