Weatherford Probate Attorney

Lawyer Helping Your Loved Ones Through Probate in Parker County

After a person passes away, their estate must be probated. This is true whether the person left a will or not. The distribution of assets and property to the decedent's heirs and beneficiaries must be done properly, which requires probate—unless the person left a trust that does not require probate. The probate process is overseen by a Texas probate court to ensure the decedent's wishes are properly followed. If there is no will, the probate court will follow Texas statutes regarding who will receive the decedent's assets.

Probate can be complex and time-consuming, and it can involve numerous court appearances. Depending on the specifics of the probate, the process can take between a few months and a year or more. Like all states, Texas has its own set of rules and procedures regarding probate. Because the process can be complicated, it can be extremely beneficial to speak to a knowledgeable Parker County probate attorney from The Law Offices of Rob Christian. Our attorneys will help you get through probate in the quickest, most efficient manner.

Is Probate Always Necessary—And What Is the Process?

Probate is always required unless the decedent has a trust as a part of his or her estate plan, in which case probate can be avoided for the assets held in the trust. If a person has a will, probate is necessary, and if a person does not have a will (or a trust), probate is also necessary. The probate process begins when the named executor initiates the probate process. If there is no will, the probate court will name an executor who will then initiate the probate process. This is done in the county court where the decedent lived at the time of his or her death.

If there is a will, the court will examine it closely to determine its authenticity, ensuring it meets all legal requirements and is properly executed. Once the will is deemed valid, it will be admitted to probate. The executor will be required to create an inventory of the decedent's assets. These assets may include bank accounts, investments, personal property, artwork, jewelry collections, real estate, and more. If there is any question regarding the value of an asset, the asset must be appraised by a professional.

All creditors will be notified and will then have a specific period of time to submit claims against the estate. The executor of the estate must pay all valid debts and taxes from the estate's assets. After all expenses are paid from the estate, the remaining assets will be distributed to beneficiaries as detailed in the decedent's will. If there is no will, the assets will be distributed according to the state's intestate succession laws. After all assets are distributed, the executor will petition the court to have the estate formally closed, and the probate process will be concluded.

Unique Elements in Texas Probate Procedures

The state of Texas has some unique issues that may need to be addressed during probate. These may include:

• Independent administration can be implemented if it is stipulated in the decedent's will or agreed upon by the heirs. Independent administration reduces the amount of supervision necessary by the probate court, which can speed up the process.
• A simplified probate process known as Muniment of Title can be substituted for "normal" probate when there is a valid will, no outstanding debts other than a mortgage, and no necessity for active administration of the assets in the estate.
• Community property rules used in Texas make marital property subject to specific rules when distributing a decedent's assets.
• There are specific homestead laws that safeguard the surviving spouse's right to remain in the marital home. The homestead exemption can be a crucial consideration during probate and can influence how the remaining assets are distributed.

Contact Our Weatherford, TX Probate Attorneys

Whether you need help with probate administration following the death of a loved one, or you are considering an estate plan that minimizes the need for probate, a knowledgeable probate attorney from The Law Offices of Rob Christian can help. We will work hard to ensure that you fully understand your legal position as well as what options are available. Our skilled attorneys will answer all your questions in a thorough yet easy-to-understand manner. Do not get bogged down in probate details. Contact an attorney from The Law Offices of Rob Christian at 682-936-4003 to schedule a free consultation.