Burleson Probate Attorney

Probate and Estate Planning Lawyer in Burleson Helping Families Plan Ahead

There are several scenarios in which probate may need to be addressed, and you may currently be facing one of them. You may have just lost a loved one and are struggling to determine how to proceed with the administration of their estate. Perhaps you were named as an executor for a person who recently died. Or, you may have recently begun working on an estate plan that will make dealing with your estate as easy as possible after your death.

Whatever situation related to Texas probate that you may be facing, an attorney from The Law Offices of Rob Christian is here for you. Our lawyers have been helping Burleson residents for many years build estate plans that are right for their futures. We also assist with the administration of probate for those who have been named as an executor of a loved one's estate. Probate can be difficult and time-consuming, and it is not something most people want to deal with after losing a loved one.

What Is Involved in Texas Probate?

If a will exists, and an executor is named in it, that person is responsible for filing the will in court after the death and submitting a petition to open probate. This must be done in the probate court in the county where the decedent lived prior to their death. The clerk of the court will post a notice at the courthouse advising all interested parties that the will has been filed.

The notice is to remain posted for a minimum of 10 days, giving anyone who wants to challenge the will a window of time to do so. If there are no challenges, the probate process will move forward. It is worth noting that a will can be challenged at any time within two years after being admitted for probate.

A probate hearing will take place. At this hearing, the judge will confirm the executor's appointment and verify that the decedent died in this Texas county with a valid will. The executor will be required to provide proof of the death via a death certificate, proof of the county of residence at the time of the decedent's death, and that the will was properly prepared, executed, and witnessed.

If everything is in order, the judge will open probate and officially appoint the executor of the estate, issuing "letters testamentary" to the executor that allow them to act on behalf of the decedent's estate. The executor will then be required to inventory all of the decedent's assets. If there is any doubt regarding the worth of an asset, a professional appraisal will be required. The decedent's final tax return will be filed, and all debts must be paid. If there are any disputes—from beneficiaries or creditors—the estate cannot be settled until those disputes are resolved.

Once any disputes are settled and all creditors and taxes are paid, the remaining assets can be distributed to the beneficiaries. The executor will submit a final report to the probate court, and the probate case will be officially closed. As you might imagine, the executor's job is both complex and time-consuming. Because of this, a probate attorney is often asked to handle the probate tasks.

Is Probate Required When There Is No Will?

If there is no will—and no other type of estate planning document like a trust—then the probate process is similar to that of a person who leaves a will. Rather than an executor named by the decedent, the court will appoint an executor. Alternatively, a person may apply to become the executor, and the court may or may not appoint that person. The assets in the estate will be inventoried and appraised, debts will be paid, taxes will be paid, and the remaining assets will be distributed according to Texas succession law in the following manner:

• If the decedent was survived by a spouse and children, the surviving spouse receives all of the decedent's half of the marital property and one-third interest in the decedent's separate property. The remainder of the separate property of the decedent is divided equally among the children (for children with the surviving spouse). For children from another relationship, the surviving spouse retains half of the community property, one-third of the decedent's separate property, and the children receive everything else, including the decedent's half interest in the community property.
• If the decedent is divorced, his or her children and grandchildren receive a portion of the assets, depending on the number of children.
• Beyond this, Texas law specifies whether the decedent's parents, siblings, and half-siblings will inherit.

Contact Our Burleson, TX Probate Attorneys

The importance of having a will or an estate plan cannot be stressed enough. If you choose not to leave any type of estate plan behind, your assets will be distributed according to Texas intestate laws—perhaps to people you would not wish to leave your assets to. In some cases, arguments between potential heirs can escalate, and litigation can ensue. Preparing an estate plan that plans ahead for many eventualities ensures that your estate will be distributed according to your wishes. Contact a knowledgeable Burleson probate lawyer from The Law Offices of Rob Christian by calling 682-936-4003 and set up a free consultation to discuss these issues.