Stephenville, TX Probate Attorney

Probate Lawyer Helping Texans in Erath County Through Difficult Times in Erath County

Whether there is an estate plan in place or not, probate is something few people look forward to. Probate can be made much easier with a well-thought-out estate plan that limits probate and leaves clear instructions for probate administration. Whether you are just now at the point of considering an estate plan or you are the person left dealing with the estate of a loved one, it can be extremely beneficial to have help from a skilled probate lawyer.

During a time when you are grieving your loss, you may be expected to administer your loved one's estate—a job you are likely totally unprepared for. Speaking to an experienced Erath County probate attorney is an important first step you can take to make the process easier and less daunting. A highly skilled Stephenville probate lawyer from The Law Offices of Rob Christian is ready to help ensure the probate process goes smoothly and quickly.

What Is Probate?

When a person dies, leaving assets to distribute, probate is the process that must occur. If the decedent has a will or other type of estate plan, the instructions provided in those documents will dictate who the executor of the will is, what assets are to be distributed, and to whom. If there is no will or other type of estate plan, a Texas probate court will appoint an executor, and the assets in the estate will be distributed according to Texas probate law. Few people would willingly cede authority to the state to distribute their assets or choose a guardian for their child, yet dying without any sort of estate plan does exactly that.

If an executor is named in a will by the decedent, that executor will petition the court to open the probate proceedings. The decedent's will is submitted to the county probate court where the decedent resided. Probate must occur within four years of the person's death. The county clerk will post a public notice regarding the probate. Anyone who believes they should have been included in the will—but were not—can challenge the will by asserting the decedent was coerced or deceived into making the will or that the will is fraudulent. If the will is not challenged, the court will confirm that it is valid, giving the executor the authority to begin settling the estate.

All assets belonging to the decedent must be inventoried within 90 days to determine their worth and to ensure that any debts or taxes are paid on behalf of the decedent. All the beneficiaries named in the will, as well as all creditors, must be notified. Once all debts and taxes have been paid from the estate, the remaining assets will be distributed to those named in the will.

Texas also offers a simplified probate process known as the Muniment of Title. This process allows assets to be transferred directly to beneficiaries without having to go through the probate process. This process is usually only available for small, simple Texas estates that have a valid will, owe no debt other than a mortgage, and for estates in which the decedent has never filed a claim for Medicaid benefits.

Why Would You Want to Avoid Probate?

There are a number of reasons many people do their best to avoid probate on behalf of their family. One of those reasons is cost—probate can be expensive, often adding up to 3-5 percent of the total value of the estate. There are attorney's fees, executor's fees, court fees, and appraisal fees to consider, especially with larger estates. The second reason to avoid probate is time. The probate process can drag on for months—sometimes as long as a year or more. Beneficiaries may face delays in accessing assets or funds that they may need right away.

Probate is a public process, allowing anyone with an interest to access details contained in the will, including who the heirs are and what assets and debts the decedent left behind. Probate can often trigger family conflicts or make them worse, and because probate notifies all creditors, those same creditors can now file claims against the estate, even when the debts are old or expired. There are estate planning alternatives to a will that can help families sidestep probate entirely.

Contact an Erath County, TX Probate Lawyer to Schedule a Consultation

When you choose an experienced Stephenville, TX probate attorney from The Law Offices of Rob Christian, you can rest easy knowing the process will be efficient and simple. We can file an application for probate on behalf of the named executor, filing the original will with the court. Family members can take the time they need to mourn their loss without getting bogged down in the mechanics of Texas probate. Contact The Law Offices of Rob Christian at 682-936-4003 today to schedule a free consultation with a highly knowledgeable probate attorney.