Probate
When a loved one dies, the family will need to distribute the assets of the estate under the watch of the probate court to ensure that all actions are carried out according to the terms set forth in the will. While this is a generally straightforward process, it can be time-consuming and costly. At Wright Abshire, Attorneys, our Houston probate attorneys can help guide you through this process in an efficient and effective manner.
We Can Handle All of Your Estate Administration Needs
Our Bellaire elder law attorneys can help you with all aspects of probate and estate administration. In addition to helping you with the distribution of assets outlined in a will, we can help you in administering any type of trust, including living trusts. You can rely on us to ensure that an estate will pass through probate according to the law and to the final wishes of a loved one.
You Can Avoid Probate With Proper Planning
Generally, most probate matters and will contests can be avoided through proper Life Care Planning. At Wright Abshire, Attorneys, our lawyers will work closely with you to develop a plan for your family’s future. However, sometimes probate is unavoidable, such as when a loved one dies without leaving a will. When this occurs, we will guide families through the process and will work to make the estate administration go as smoothly as possible.
Frequently Asked Questions On Probate
Probate is the legal process by which a deceased person’s estate is settled and their assets distributed. Below are answers to common questions about probate:
What is the probate process?
The process starts when the executor or personal representative files the deceased’s will with the probate court. If there is no will, the court appoints a personal representative to manage the estate. The process includes identifying and valuing assets, paying debts and taxes and distributing the remaining assets to beneficiaries.
First, the court reviews the will to check its validity. Next, the personal representative gathers and lists the deceased’s assets in an inventory. After debts, taxes and expenses are paid, the remaining property is distributed according to the will or state law if no will exists.
Is probate required for all estates?
No, not all estates must go through probate. Small estates may qualify for simplified probate procedures or may be exempt entirely under certain Texas laws.
Also, assets that pass outside of probate, such as those held in joint tenancy or with designated beneficiaries, do not require probate. However, probate is required for estates with assets held solely in the deceased’s name.
How long does the probate process take?
The duration depends on the estate’s complexity and whether disputes arise. An uncontested probate process can take six months to a year. Complex estates or contested wills can extend the timeline.
Steps like gathering and appraising assets, notifying creditors and resolving disputes take time. Courts may also impose deadlines, such as deadlines for creditor claims, which can add to the timeline.
Can I avoid probate?
Yes, probate in Texas can be avoided with proper estate planning. Tools like living trusts, joint ownership and beneficiary designations allow assets to be passed directly to heirs without court involvement.
Additionally, small estate affidavits can simplify transfers for qualifying estates. Consulting an attorney to establish an estate plan tailored to your needs is one of the most effective ways to minimize or avoid probate.
What is the role of the personal representative in probate?
The personal representative, also known as the executor, oversees the administration of the estate. Their duties include:
- Filing the will
- Notifying heirs and creditors
- Managing the estate’s assets
- Paying debts and taxes
- Distributing the remaining property to beneficiaries
This role requires honesty, diligence and adherence to court deadlines.
Call for a Consultation With a Bellaire Estate Planning Attorney
You should not have to try to administer the proceeds of a loved one’s estate on your own. Contact our Houston probate lawyers online.