Cleburne Probate Attorney

Probate Lawyer Assisting You With All Your Estate Planning Needs in Johnson County

Perhaps your loved one has recently passed, and you are facing probate for their estate. Or, you may have been named the executor by the decedent but are not a family member. You could also be planning your own estate, wondering how you can prepare for the future in a way that will make probate either unnecessary or as simple and painless as possible. Whatever your relationship to the Texas probate process, having an experienced Johnson County probate attorney by your side can make it much easier.

Probate will be handled in Johnson County courts if the decedent was a resident of Johnson County at the time of his or her death. The decedent must have passed within the past four years, and if there is a will, the original must be filed in probate court, not a copy. If there is a will, an independent executor will be named; if there is no will, the court will appoint an executor. An existing will must be self-proved.

There are two scenarios for a self-proving will. In the first, the will was handwritten and signed by the testator. It has an affidavit attached by the testator stating that the instrument is the last will, they were at least 18 when the will was made, and that they are of sound mind. The second scenario is an attested will, which is not entirely in the testator's handwriting and has two witnesses swear under oath that the requirements for executing a will in the state of Texas were properly met.

Can You Avoid Probate if You Do Not Have a Will?

It may be possible to avoid probate in the state of Texas if the estate plan of the decedent contains a trust that details how his or her assets will be distributed. Even when there is a trust as a part of the estate plan, if the person has minor children, a will is required to name a guardian for those children. If the only thing a will is used for is to name a guardian—with everything else being handled through the trust—then probate for the will should be relatively quick and simple.

What Is the Probate Process in Texas?

The county probate court has jurisdiction over probate cases. When a person dies without a valid will (known as dying intestate), Texas succession laws dictate who will inherit the estate. If the decedent had a will, an executor is named in that will. The executor will be responsible for probating the will, beginning with submitting the will to the court along with a petition to open probate for the estate. If there is no will, the court will appoint an executor.

The executor may be someone who asks for the appointment or someone the court chooses. Either way, the executor will inventory all assets left by the decedent. If there is a question regarding the value of any of the assets, appraisers may be hired to value the items. All debts and taxes left by the decedent will be paid, then the remaining assets will be distributed to the heirs or beneficiaries. If there is no will, those assets will be distributed based on the statutes that govern intestate succession.

The state of Texas allows for independent administration of an estate when the will permits it or when all the beneficiaries agree to it. Independent administration can make the probate process faster, and it is particularly useful for small estates without any complexities. Texas follows community property rules, which means there are certain laws that govern marital property, regardless of a will. Property acquired during the marriage is considered community property and is typically inherited solely by the surviving spouse. Texas also has a homestead exemption that protects the rights of the surviving spouse to continue living in the marital home. Once all debts, taxes, and expenses are paid and the remaining assets have been distributed, the executor will petition the court to close the probate, which concludes the process.

Contact Our Cleburne, TX Probate Attorneys

When you choose The Law Offices of Rob Christian to help you with probate issues, you will be able to work with highly experienced, knowledgeable attorneys who will efficiently guide you through probate administration or help you plan for probate. Regardless of your situation, our attorneys will work hard to help you minimize estate taxes, avoid the expenses and hassle of probate, protect beneficiaries from a variety of scenarios, and protect your spouse. Having a Cleburne, TX probate attorney who understands the laws and the processes involved can make probate much less frustrating and time-consuming. Contact The Law Offices of Rob Christian at 682-936-4003 to schedule a free consultation.