Probate Law

One of the main questions clients have about the probate process is whether it is something that should be avoided. Only a small percentage of people will avoid some form of estate administration in the probate courts. The good news is that Texas laws have functioned for decades to keep the process as simple and as inexpensive as possible‚Ķ but that doesn’t mean it can’t become complicated and expensive.

Probate, at its core, is a decision by a judge whether to agree to act on the terms of will. If the judge agrees, an executor or administrator is appointed. That person is charged with finding and collecting the decedent’s property. Then the decedent’s bills and taxes are paid, and the remainder is distributed to the correct individuals.
A properly drafted and executed will normally is easily accepted for probate. An application to a probate court sets the process in motion, and usually only one brief hearing is required. It may not even be necessary to appoint an executor if the decedent has no debts, and only title to real property needs to be transferred. There also are other options available in the case of a small estate. However, if there is no will, estate administration can become more difficult. Notice to all potential recipients is required, and testimony usually is needed.

It takes experience and understanding of estate administration law to work through the process. This process is almost always new to our clients, and can cause stress at a difficult time. Our job is to give you all of the options so that you will be secure about each step, while always remembering that probate can be a very personal process. Use our contact form or call 281-635-7177 to set up a no-cost, no-obligation review of your situation.

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