Skip to Content
Top
Probate

Georgetown Probate Attorney

Losing someone you love is hard enough without a confusing court process on top of it. A Georgetown probate attorney from our team can walk you through paying a loved one's debts, settling their estate, and carrying out their final wishes under Texas law. Michalk, Beatty & Alcozer, L.P. has guided Central Texas families through probate for more than two decades, and Georgetown, one of the fastest-growing cities in the country and the seat of Williamson County, gets that same steady hand. Georgetown is part of our broader Central Texas probate practice, and this page covers the local detail specific to Georgetown and Williamson County.

You don't need to arrive already knowing how Texas probate works. That's what we're here for. We'll walk you through what has to happen, in what order, and why each step matters for your family's situation.

How Our Georgetown Probate Attorney Helps Williamson County Families

No two estates look the same. Some move through the Williamson County court system in a few months without any real disagreement. Others get complicated fast, whether that's a will nobody can find, heirs who don't see eye to eye, or a piece of property that's hard to split fairly. A good number of the families we help in Georgetown are settling an estate for a parent or spouse who retired to Sun City, the large active-adult community here, and are sorting through a lifetime of savings, investment accounts, and sometimes a second home, on top of their grief. Others are newer Georgetown residents who moved from out of state during the city's growth boom and are dealing with a will that was never updated for Texas law, or was never written at all. We tell you early which kind of case you're facing, so you're not guessing what comes next.

Texas Probate Courts: Filing Right Here in Georgetown

Georgetown has an advantage a lot of our other Central Texas markets don't: it's the county seat, so Williamson County probate matters are filed right here instead of requiring a drive to another town. The historic Williamson County Courthouse, a Beaux-Arts building dating to 1911, sits on the downtown square and anchors the county's judicial system. Depending on how your case is classified and whether anyone contests it, your matter could be handled by a county court at law exercising probate jurisdiction or, in a contested case, district court. Williamson County does not have a freestanding statutory probate court the way some of Texas's largest counties do, so probate matters here are generally assigned to a county court at law rather than a dedicated probate bench. A straightforward, uncontested application usually moves through a faster track. A will contest or a dispute over how an executor is handling the estate typically goes in front of a judge with broader power to sort out disputed facts. Knowing which court has jurisdiction, and having a lawyer who already knows the courthouse staff and local filing practices, makes a real difference in how quickly your case moves.

What Happens During Texas Probate

Probate is the legal process that lets an executor collect what a deceased person owned, pay their outstanding debts, and distribute whatever is left to the people named in the will. If someone dies without a will, Texas intestacy law steps in to decide who inherits, and the court appoints an administrator to carry that out instead of an executor.

Most cases start with an application filed in the county where the deceased person lived. A hearing follows where the court reviews the will, if there is one, and officially names the executor or administrator. From that point, the executor takes inventory of everything the estate owns, lets creditors know the estate is open, pays what's legitimately owed, and hands out what remains to the heirs.

Who Inherits Without a Will in Texas

When there's no will, Texas law follows a specific order based on which relatives are still living. A surviving spouse with no children usually inherits everything. If the couple had children together, the spouse typically keeps all the community property, though the kids may still be entitled to a share of any separate property the deceased person owned on their own. Things get more layered when one spouse has children from a previous relationship, since Texas splits community property differently in that scenario instead of giving it all to the surviving spouse.

If there's no spouse and no children, the estate generally passes to parents, then to siblings, and further out through the family if none of those relatives survive. This surprises a lot of families who assumed a longtime partner, a stepchild, or a close friend would automatically inherit. Under Texas law, none of them do unless a valid will says so.

Property That Passes Outside of Probate

Not everything a person owns has to go through a Williamson County probate case. Life insurance payouts and retirement accounts, things like a 401(k) or an IRA, generally go straight to whoever is listed as the beneficiary, regardless of what the will says. The same goes for bank accounts set up as "payable on death" and property owned jointly with a right of survivorship, like a home a married couple owned together, both of which transfer automatically to the surviving owner.

Knowing what falls outside of probate changes how big a case actually looks on paper. Plenty of families expect a lengthy court process when, in reality, most of the estate transfers on its own, leaving just a smaller piece, like a car titled in one person's name, for the court to sort out.

Get to Know Us
Ready to entrust your legal matters to a team dedicated to your success? Discover how our expertise and commitment can make a difference in your case and see why we are the trusted choice for your legal needs.

Independent Versus Dependent Administration

Texas gives families two main routes for handling an estate, and picking the right one affects both the timeline and the cost. Independent administration lets the executor make most decisions without asking the court's permission first, which most Texas wills allow and which moves considerably faster and cheaper. Dependent administration requires the court to sign off on nearly everything, from selling a piece of property to settling a debt, which stretches out the process and runs up legal fees. We'll tell you plainly which path fits your case, and we push for independent administration every time it's available.

When a Full Probate Proceeding Isn't Necessary

Some Williamson County estates don't need the full probate process. If a will simply hands property to the people it names, with no debts beyond a mortgage, Texas allows a shortcut called "muniment of title" that skips appointing an executor entirely. Smaller estates without a will sometimes qualify for an affidavit of heirship, which can transfer property, like a house, without any court case at all. We'll give you an honest answer on whether your family qualifies for one of these quicker, less expensive routes.

Using a Trust to Avoid Probate

Some families skip the probate process altogether by planning ahead. A properly funded revocable living trust lets property pass directly to whoever the trust names, without ever going through a Williamson County courtroom, because the trust technically owns the property instead of the person who created it. That structure can save real time and money, especially for anyone who owns property in more than one state, which comes up often among Georgetown's many newer residents who relocated from elsewhere. The catch is that a trust only works if the person actually moves their property into it before they die, a step people put off more often than you'd think. If you're setting things up for your own family rather than settling someone else's estate, we can walk you through whether a trust makes sense.

Guardianship for Minor or Incapacitated Heirs

Texas law won't let an inheritance pass directly to a minor child or to an heir who isn't able to manage their own finances. Instead, the court usually appoints a guardian of the estate to look after that property until a minor turns 18, or requires the money to sit in a court-supervised account until then. When a will names a guardian for a child's inheritance, courts generally respect that choice. When it doesn't, family members may have to petition the court on their own. This part of probate gets overlooked often, and we make sure it doesn't hold up an inheritance meant for a child.

When a Will Can't Be Located

Families sometimes know for certain that a loved one signed a will, but nobody can find the original after they pass away. Under Texas law, a missing will is presumed to have been intentionally revoked by the person who signed it, meaning the court may treat the estate as if there's no will unless you can show otherwise. Rebutting that presumption usually takes evidence like a copy of the signed document, testimony from witnesses who saw it, and a credible explanation for why the original is gone. This comes up more than most people expect, and it's worth a conversation with a Georgetown probate attorney before assuming a loved one's wishes are unenforceable.

An Executor's Legal Duties in Williamson County

Getting appointed executor or administrator by a Williamson County court comes with real legal obligations, and personal liability if you get them wrong. You're required to take an honest inventory of what the estate owns, publish notice so unknown creditors have a chance to come forward, and send direct notice to any creditors you already know about. Texas law also requires paying valid debts in a specific order before any heir sees a distribution, and keeping records detailed enough for the court and the beneficiaries to rely on.

It's easy to assume you can just pay whatever bills show up first, or start handing out cash and personal items right away. Both of those instincts can create real legal trouble. We guide our clients through each step in the right order so an executor never ends up on the hook for a mistake that better guidance would have caught.

Why Choose Michalk, Beatty & Alcozer, L.P.? Our Commitment to You

  • Unyielding Commitment to Justice
    We strive to ensure that all persons have access to a legal process that is fair, open, transparent, and holds those who infringe on your rights accountable.
  • Relentless Pursuit of Fair Compensation
    We advocate to secure the maximum compensation you deserve, recognizing the profound impact your lawsuit can have on your livelihood.
  • Empathetic Guidance Through Adversity
    We stand by your side with unwavering support and understanding, providing guidance and reassurance during what may be one of the most challenging times in your life.
  • Resolute Advocacy for Your Rights
    With determination and expertise, we navigate the complexities of the legal system on your behalf, steadfastly protecting your rights and interests at every turn.

What Probate Costs in Williamson County

Expect two main categories of cost: court filing fees, which vary depending on the county, and attorney's fees, which depend on how complicated the estate turns out to be and whether the case qualifies for independent or dependent administration. Texas law also lets an executor or administrator collect compensation for their work, usually a percentage of the money passing through the estate, unless the will says otherwise or the amount would be unreasonable given the effort involved.

A simple, uncontested estate that qualifies for independent administration or muniment of title typically costs far less, in time and money, than a contested case that ends up in litigation. During your free consultation, we'll give you a straightforward estimate based on what your family's situation actually looks like, not a generic number.

Notifying Creditors and Handling Claims

Once a court appoints an executor, Texas law requires giving creditors a chance to file claims against the estate. That generally means publishing a notice for unknown creditors and sending direct notice to any secured creditors already on the executor's radar, each with its own deadline attached. Creditors who miss their window typically lose the right to collect from the estate at all, which is exactly why getting this step right and on schedule matters so much. An executor who distributes money to heirs before resolving valid claims can end up personally responsible for those debts down the road, so we walk through this process carefully before any money changes hands.

Continue ReadingRead Less

Frequently Asked Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 254-765-9552 today!

  • How long does probate take in Texas?
    An uncontested case can often wrap up in a few months, while a contested case involving disagreements between heirs can stretch to a year or more.
  • Do I still have to go to probate court if there's no will?
    In most cases, yes. Texas intestacy law decides who inherits, but the court still has to formally appoint someone to administer the estate and transfer the property.
  • What if my family disagrees about the will?
    We handle probate litigation for exactly this kind of situation. Contesting a will requires specific legal grounds, like undue influence or a lack of mental capacity, and the process comes with its own deadlines.
  • How much does it cost to hire a probate attorney in Georgetown?
    Costs depend on whether the estate qualifies for independent administration or a simpler option like muniment of title. We'll give you a clear picture of the likely cost during your free consultation.
  • Can I handle probate myself without a lawyer?
    Texas allows it in some situations, but even a simple estate comes with deadlines and paperwork that are easy to get wrong. One mistake can delay the whole case or leave the executor personally on the hook.
  • What happens if an executor isn't doing their job properly?
    Beneficiaries can ask the court to remove the executor, and in serious cases the executor can be held personally liable for financial harm caused by their mistakes or misconduct. If you're worried about how an estate is being handled, don't wait to talk to a lawyer.
  • What's the difference between a will and a trust?
    A will only takes effect after you die and still has to go through Texas probate court. A trust can hold property while you're alive and pass it directly to your beneficiaries afterward, without court involvement, but only if you actually transfer your property into it ahead of time.
  • My parents retired to Sun City and one of them just passed away without updating their will after moving from another state — what happens now?
    Their estate generally still goes through Texas probate, and an out-of-state will is usually still valid here if it met the legal requirements of the state where it was signed. It can still raise questions Texas courts handle a bit differently, especially around community property, so it's worth a conversation with a Georgetown probate attorney early on.

Get Your Free Consultation

You don't have to sort through Texas probate law on your own. Contact our office today to schedule a free consultation with a Georgetown probate attorney who can tell you exactly what your family's next step should be. Call (254) 765-9552. Hablamos español.

Get Started on Your Defense Journey Contact Us Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.





    By submitting, you agree to receive text messages from Michalk, Beatty & Alcozer, L.P. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance.

    Location
    • 3106 S W S Young Drive
      Building D Suite 401
      Killeen, TX 76542
      Map & Directions
    Michalk, Beatty and Alcozer, L.P.