Granbury Probate Lawyer

Attorney Guiding You Through the Probate Process in Hood County

Probate is the legal process that settles the estate of a deceased person. Although many people try to avoid probate when engaged in estate planning, probate cases have increased across Texas in recent years. Probate is often necessary following the death of a loved one, but in some cases, it can be avoided. It is a common misconception that only the estates of those who leave a will behind must be probated.

When no will or other type of estate planning document exists, the estate of the decedent must still go through probate. The difference in a case with no will is that with no clear instructions left to the court, all the decisions regarding the estate will be determined by Texas intestacy law. While thinking about estate planning issues is rarely an enjoyable experience, it is a necessary step to ensure your loved ones are not burdened with legal issues after your death or incapacitation. At The Law Offices of Rob Christian, we can assist with estate planning and provide representation for executors or beneficiaries during the probate process.

What Does Texas Probate Involve?

Texas probate laws are found in their entirety in the Texas Estates Code. If another person has named you as the executor of their will, you—or a probate attorney—will complete the following steps:

1. The decedent's will is submitted to the county probate court, and a request for probate is filed.
2. The county clerk posts a public notice regarding the request for probate, which allows potential heirs to challenge the will.
3. The probate court will declare the will valid and then give you, the executor, the authority to continue the probate process.
4. All assets must be inventoried within 90 days; if valuations are required or taxes or debts are owed by the decedent, these tasks must also be completed during this time period.
5. The beneficiaries and creditors named in the will must be notified.
6. The assets are distributed to the named beneficiaries.
7. The probate court holds a hearing to officially close the probate process.

Simpler Texas estates may qualify for a version of probate known as a "muniment of title." Assets can be transferred directly to the beneficiaries without going through the entire probate process. This type of probate can be completed in as little as 30 days, but it is generally only available for small, simple estates that meet all the following qualifications:

• There is a valid will.
• A mortgage is the only debt owed.
• The decedent has never filed a Medicaid benefits claim.

What Happens if a Person Dies Without a Will in Texas?

Dying without a will is known as dying intestate. While an intestate estate must go through the probate process, it will usually take considerably longer. The county court will name an executor and distribute the decedent's assets according to the intestate succession laws. If the decedent is married, his or her spouse will inherit the entire estate. For an unmarried decedent, the typical order of succession in Texas is as follows: Children, grandchildren, parents, siblings, grandparents, then extended family like nephews, nieces, aunts, uncles, and cousins.

Can Probate Be Avoided?

If a valid will exists, there must be some type of probate. If there are no estate planning documents at all, the estate must also go through probate. The only ways to bypass Texas probate are:

• A muniment of title for small estates
• An out-of-court affidavit for estates valued at less than $75,000
• The existence of a living trust
• Jointly owned property, which automatically goes to the other owner when one owner dies
• Beneficiaries named for non-probate assets like retirement accounts and life insurance policies
• Payable on death (POD) or transfer on death (TOD) accounts that transfer directly to the named beneficiary

Is a Probate Attorney Necessary?

While probate can potentially be handled without a probate attorney, it is rarely a good idea. The probate process is time-consuming and full of paperwork and deadlines, requiring specific legal knowledge to ensure that all issues will be addressed correctly. One small mistake could halt the entire process.

A death in the family is usually emotional, and it can result in family conflict. A probate attorney can keep the drama to a minimum, help beneficiaries access the estate's assets more quickly, block illegitimate claims against the estate, and answer the questions of all parties involved. When a probate attorney handles those tasks, family members can be sure the decedent's debts and taxes are being handled properly. An attorney is also better able to prevent expensive, time-consuming lawsuits against the estate. The probate process virtually always moves more quickly and without glitches when a probate attorney is involved.

Contact Our Granbury, TX Probate Lawyers

If you are in the process of creating an estate plan, now is the time to discuss probate with your attorney. Nobody wants to leave their loved ones to deal with chaos, so every decision you make now can benefit your family members in the future. A skilled Hood County probate attorney from The Law Offices of Rob Christian can help you make these important probate decisions—or avoid probate when possible. If you have been named as executor of an estate and are feeling overwhelmed, our skilled Granbury probate attorneys can guide you through the process. Contact The Law Offices of Rob Christian at 682-936-4003 for a free consultation with an experienced probate attorney.