Simplifying the Probate administration Process.
What is Probate?
Probate is a legal process that settles a person's estate after they die. It ensures that their assets are distributed according to their wishes, and that their debts are paid. If you die without a will, probate is still necessary to distribute your property according to state law.
The type of probate proceeding that you need may depend on whether you had a will, the value of your estate, and the number of heirs.
The guidance of an experienced probate attorney can ease the burden and ensure your loved one’s final affairs are addressed.
FOur Questions to determine if probate is needed
DID THE DECEDENT HAVE A LAST WILL AND TESTAMENT?
If the deceased person had a Last Will and Testament, it should be probated and declared valid by a probate judge. You can think of a Will as a rulebook for everyone to follow when handling the final affairs of the deceased. An attorney can help determine if the Will is valid and interpret the language within the Will.
If the deceased person died without a Last Will and Testament, probate may still be needed. Without a will, the Court requires an investigation in order to determine who the rightful heirs are to the property. As an experienced probate attorney, I can help you navigate this heirship process.
WHAT PROPERTY DID THE DECEDENT OWN?
When it comes to most types of property, the proper probate proceeding can create a clean transfer of property. Real estate, such a houses, land, and mineral rights can become a burden when title ownership is not clear. Probate can be a viable solution when it comes to needing clear title ownership to property. Bank accounts of a deceased person may be inaccessible without a court order and/or appointment of an executor or administrator.
Alternatives to probate proceedings through the Court may be available in some circumstances. As a probate attorney, I have the knowledge and the experience to help you determine what probate procedure is right.
DID THE DECEDENT HAVE ANY UNPAID DEBTS?
If the deceased person died with unpaid debts or final affairs to complete, it is likely that an estate administration is needed. Estate administration is a process laid out by the Will or the Court to manage and distribute a deceased person's assets and liabilities. It involves tasks such as gathering the deceased person's assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries according to the terms of the will or the laws of intestacy if there is no will.
Administration is typically overseen by the executor named in the Will or an administrator, both of which must be appointed by the Court. Unlike other court proceedings, attorney representation is required for persons who wish to serve as executor or administrator of an estate.
WHO ARE THE RIGHTFUL HEIRS TO DECEDENT’S PROPERTY?
Experiencing the loss of a loved one can create trouble when it comes to family relationships. Property may be inherited by family members named in the will or by family members with a right to inherit by law. The law in this area can be complex and can be a major burden when dealing with possible unpleasant family dynamics.
Having a competent probate attorney in your corner can provide you with support and direction through grief.
Probate doesn’t have to be difficult.
fREQUENTLY aSKED QUESTIONS
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It depends. Probate can many times provide the fest solution when it comes to accessing or transferring property when someone dies. It is best to talk with a probate attorney to determine if probate is necessary and what probate proceeding is the best choice.
If you have been named executor in a loved one’s Will, you may have a duty to present the Will to the Court, though you are not required to serve.
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The Court allows individuals to represent themselves pro se for certain probate procedures, including Small Estate Affidavits, Muniment of Title, and Heirship Determinations. You also may represent yourself pro se as a beneficiary or a creditor. However, to serve as an executor or an administrator of an estate, you are required to have attorney representation.
Through experienced attorney representation is likely the most efficient way to appear in probate proceedings.
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Attorney representation, though not required, may be very beneficial when it comes to understanding Texas estate law, probate procedures, and ensuring your rights are protected.
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An Affidavit of Heirship can be good choice when it comes to alternativves to probate. However, an Affidavit of Heirship may not be the best choice when looking to transfer specific types of property and if you are in need of the power of the Court.
An experenced probate attorney can help you navigate you options.
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I understand this may be confusing. If the bank has mentioned needing “Letters” to access a bank account, it is likely the bank is referring to “Letters of Testamentary” or “Letters of Administration.” Both these documents are in fact, more like certificates rather than a letter. This document is issued by the Court when a person is appointed executor or administrator of an estate.
When seeking appointment as executor or administrator of an estate, you are required to have attorney representation.
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How property is inherited when someone dies is dependent on many factors, such as if the deceased person had a will, if the property was community or separate property, and if the deceased person had children outside of the marriage at death.
An experienced probate attorney can help categorize property and determine how it passes ate death.
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The length of the probate process depends on the type of probate proceeding and the complexities of the case. This can range anywhere from a couple of weeks to years. The attorney ca provide you with an estimated timeline during your consultation.
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The cost of probate depends on factors such as the complexity of your estate and the services required. An estimate of attorney’s fees and expenses will be provided during the initial consultation.
