What is Probate?

Dealing with the loss of a loved one is emotional and difficult. You may not feel like handling administrative matters but there are important notifications and legal steps that will need to be taken. Please contact my office to see how I may be able to assist you with your probate matters.

Probate is the legal process to determine how assets are distributed upon death. The specific probate procedure that is necessary will depend on several factors such as whether the Decedent had a Last Will and Testament, the assets and debts of the estate, and the family structure. What is involved in the probate process will depend on the specific facts and circumstances of your case. In determining which method of probate is best, the simplest and most practical method possible will be used. Depending upon your circumstances, certain probate options may or may not be available to you based on the legal requirements under the Texas Estates Code.

Probate When There is a Will

Probate of Will: If there is a properly drafted Will, the estate may qualify for an Independent Administration. This is the standard probate procedure where Letters Testamentary are issued.

Probate of Will as Muniment of Title: If there is a properly drafted Will and the Estate has no debts (other than any debt secured by a lien on Real Estate), the estate may qualify for this simplified procedure.

Creating A Will

Court House

Probate When There is No Will

Heirship and Administration: If there is no Will, it may be necessary for the Court to determine who are the legal heirs of the estate.

Small Estate Affidavit: If there is no Will and the estate has a value less than $75,000.00 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure.