As we know from personal experience, dealing with the death of a loved one can be traumatic. And every family faces its own unique set of challenges. With many emotions, it is difficult to think clearly. Often, it is hard to know where to start.
In the midst of the emotional turmoil, there are many legal and financial details that must be handled. Instead of attempting to navigate these requirements on your own, this is a time to reach out for assistance. More than ever, you need a lawyer that you are comfortable with and who will come alongside you to ease the stress and confusion and navigate all of the requirements with you.
I work with the family as quickly as possible to resolve outstanding issues and ensure that all legal requirements are satisfied within the legal deadlines. Please do not hesitate to contact me if you have any questions.
What is Probate?
Probate is the Court process that usually includes all proceedings related to the administration of the estate of a deceased person. To start a proceeding, you must file an application.
Types of Probate
1. Probate of an Estate with a Will.
2. Probate of an Estate without a Will, meaning someone dies Intestate.
3. Probate of a the Will as a Muniment of Title.
4. Heirship Determination.
5. Small Estate Affidavit.
6. Affidavit of Heirship.
Is Probate Necessary?
It depends. Most people cannot avoid probate. Two main reasons: 1) if you have any debts owed to creditors, you must probate the estate. If there are any assets that are titled in your name and need to be transferred to certain persons, you must probate the estate.
An average timeline for a Probate proceeding is anywhere from 1 – 6 months.
What if I own real property outside of Texas?
When a person dies owning real property outside of Texas, the Texas executor or administrator usually opens an “ancillary administration” in each state where the real property is located.