Helping You Understand The Texas Probate Process
The weeks, months and years after the death of a loved one can be quite difficult for those left behind. It can take a long time to recover emotionally and financially after a loss, and paperwork and legal matters can cause confusion and frustration at an already trying time.
Do You Need To Probate An Estate In Texas?
When someone passes away in Texas — or owns property in Texas at the time of his or her death —, that person’s estate must go through a probate process, with certain exceptions. Probate is the process used to transfer property from a deceased person’s estate to heirs, and it is typically overseen by a court.
Unfortunately, many people do not realize they must probate the estate until years later, often when they try to sell a loved one’s property. Not only is the process more complicated if the estate was not probated within the first four years, it can also be much more expensive, leaving less for the survivors, if it can even be probated at all.
Providing Skilled Legal Help With Probates And Property Transfers
At The Fealy Law Firm in Houston, our lawyer Vicky Fealy has been involved in Texas probate processes for more than 10 years. We will educate you about what is needed and help you complete the process with minimal cost and time.
There are two formal probate processes in Texas:
- Independent administration: An executor is allowed to distribute assets, pay debts and settle the estate independently, with little to no oversight by the court.
- Dependent administration: A court supervises much the probate process, costing the estate (and the heirs) more money.
If your loved one had a will and had no unpaid debts (not counting real estate debts), another, easier process may be available. “Muniment of title” is a less complicated and less expensive probate process. This involves filing the will and obtaining court approval to skip the formal process. Additional options are also available when the estate does not exceed a value established by state law. Your lawyer will explain these options to you as well during your initial consultation.
If your loved one did not have a will, the estate will need to be taken through the intestate process as well.
Delays Cost Your Family More Money ~ Contact Us Today
With any probate process used, an attorney is needed. At The Fealy Law Firm, we charge a flat-rate, affordable fee for most probate proceedings. This way, you and your family will know your total costs up front. We will handle all of the details of whichever process is most appropriate for your situation.
Contact us today by sending us an email or calling us toll free at 866-751-1087.