Williamson County Probate & Estate Planning Attorney

Looking for a Williamson County probate attorney? Henington Lewis Law Firm helps families in Round Rock, Cedar Park, Georgetown, Leander, Hutto and the rest of Williamson County probate wills, settle estates and plan ahead with wills and living trusts.

Probate in Williamson County Courts

Williamson County does not have a separate statutory probate court. Probate applications are filed with the Williamson County Clerk at the Justice Center in Georgetown, and the cases are heard by the county courts at law. Those courts also hear civil, criminal and family cases, so probate shares their calendars. A Williamson County probate attorney who knows those calendars can help you avoid delays.

Families who moved here from another state

Williamson County has grown quickly, and many of the estates we see involve a will signed somewhere else, or a parent who lived out of state but owned property here. Texas generally honors a will that was validly signed in another state, but the paperwork can differ. We review out-of-state wills before filing and handle ancillary proceedings for Texas property owned by someone who lived elsewhere.

How Probate Works in Williamson County

Most probates follow the same basic steps. A Williamson County probate attorney on our team handles each one for you:

1. Application. We file the application to probate the will, or to determine heirship, with the Williamson County Clerk. In Texas, a will generally must be offered for probate within four years of the death (Texas Estates Code Chapter 256).
2. Notice and hearing. The clerk posts notice of the application. After the notice period runs, usually about two weeks, we attend a short hearing where the executor testifies and the judge admits the will.
3. Letters testamentary. The executor takes an oath and receives letters testamentary, which banks, title companies and brokerages ask to see before they release assets.
4. Notices and inventory. The executor must publish notice to creditors within one month and notify beneficiaries within 60 days. An inventory, or an affidavit in lieu of inventory when the estate qualifies, is due within 90 days.
5. Paying debts and distributing property. We help the executor pay valid debts, transfer real estate and accounts, and close the estate.

For a fuller walkthrough, read our guides to the probate process in Texas and what happens at a probate hearing.

Probate Options for Williamson County Families

Not every estate needs a full probate. A Williamson County probate attorney can tell you which of these routes fits your family:

• Probate with independent administration. The most common route when there is a valid will. The executor handles the estate with limited court supervision (Estates Code Chapter 401).
• Title probate. A muniment of title admits the will as proof of who owns the property, without appointing an executor, when the estate has no unpaid debts other than debts secured by real estate.
• Probate with dependent administration. The court supervises each step. This is used when the will doesn’t allow independent administration, the heirs can’t agree, or the court requires it.
• Small estate affidavit. When there is no will and the estate is worth $75,000 or less, not counting the homestead and exempt property, the heirs may be able to use a small estate affidavit approved by the court (Estates Code Chapter 205).
• Heirship. When there is no will, heirs are established through an affidavit of heirship recorded in the Williamson County property records, or through a court heirship proceeding (Estates Code Chapter 202).

Estate Planning for Williamson County Families

Many Williamson County families moved here recently and still have estate documents from another state. Those documents are often valid, but they may not use Texas forms, such as the statutory durable power of attorney and medical power of attorney, which banks and hospitals here expect. A review is a good first step.

• Wills and living trusts that name guardians for young children and hold their inheritance in trust.
• Retitling and beneficiary reviews so your home, brokerage accounts and 401(k)s pass the way you intend. See probate versus non-probate assets.
• Homestead protection. A qualifying trust can hold your homestead, and you may need to file a new homestead application with the Williamson Central Appraisal District afterward.
• Incapacity planning with Texas powers of attorney and medical directives.

Cities We Serve in Williamson County

• Round Rock
• Cedar Park
• Georgetown
• Leander and Liberty Hill
• Hutto and Taylor
• The Williamson County parts of Austin

Estate Planning and Probate Services for Williamson County

Every plan is designed and reviewed by a Williamson County estate planning attorney on our team. Our services include:

• Wills, including pour-over wills that work with your trust
• Revocable living trusts, with help retitling your home and accounts into the trust
• Statutory durable powers of attorney, medical powers of attorney, directives to physicians and HIPAA releases
• Asset protection and planning for business interests
• Probate: title probate, probate with independent administration and probate with dependent administration
• Heirship and affidavits of heirship when someone dies without a will
• Contested probate and will contests

Why Williamson County Families Choose Our Estate Planning Attorneys

• You work with an attorney. Samantha Lewis or Turner Henington meets with you, designs your plan and walks you through every document before you sign.
• Planning and probate under one roof. We write estate plans and we handle probate, so we draft knowing what actually happens in Texas courts after a death.
• A clear price up front. You get a flat-fee quote for your estate plan before you commit.
• Free community seminars. We teach free estate planning seminars around the Austin area, so you can learn the basics before you ever book a meeting.
• Meet in person or by video. Plan from home if that is easier, and come in once to sign.

Read what clients say in the reviews on this page, or call (512) 737-8404 to talk with an estate planning attorney who serves Williamson County.

Meeting With Us From Williamson County

Our office is at 1101 S. Capital of Texas Hwy, Bldg G, Suite 150-C, Austin, TX 78746, on Loop 360. From Round Rock, Cedar Park and Georgetown it is about a 30- to 45-minute drive down MoPac (Loop 1) or US 183 to Loop 360. We also meet by video for clients who prefer to plan from home, and we can help arrange signings.

Call (512) 737-8404 or send us a message to set up a consultation with a Williamson County estate planning attorney on our team.

Frequently Asked Questions

Which court handles probate in Williamson County?

Williamson County does not have a separate statutory probate court. Probate cases are filed with the Williamson County Clerk in Georgetown and heard by the county courts at law, which also hear civil, criminal and family cases.

My parent moved to Williamson County with a will signed in another state. Is it still valid?

Usually, yes. Texas generally accepts a will that was validly signed in another state. Some out-of-state wills lack a Texas self-proving affidavit, which can mean extra testimony at the hearing. A Williamson County probate attorney can review the will before you file.

My parent lived in another state but owned a house in Williamson County. What do we do?

The main probate happens in the state where your parent lived. The Texas property may then need an ancillary proceeding, or a filing of the out-of-state will and letters, in Williamson County. We handle the Texas side and coordinate with the other state.

How long does probate take in Williamson County?

Uncontested probates with independent administration usually reach the hearing within a few weeks of filing, depending on the court calendar, and many estates finish within six months to a year.

Our Round Rock or Cedar Park address might be in Travis County. Where do we file?

Probate is generally filed in the county where the person lived. Parts of Round Rock, Cedar Park and Austin cross the county line, so we confirm the county from the property records before filing.

Do you help with estate planning as well as probate?

Yes. Most of our Williamson County clients come to us for wills, living trusts and powers of attorney. We also handle probate, so we write plans that work the way Texas courts actually apply them.

Other Areas We Serve

• Austin estate planning and Austin probate
• Travis County probate and estate planning
• Hays County probate and estate planning