| AFFORDABLE
TEXAS PROBATE
What does probating a
will cost?
The court costs paid to the County are usually around
$200.
Our fees depend on the county where the will is probated
and the complexity of the issues that must be addressed
in probating the will. There is no charge for the initial
consultation.
What is Probate?
In Texas, Probate is the usually
simple process of having a court “admit to probate” (meaning
recognize) the decedent's will and appointing the person
named in the will, the executor, to manage the decedent's
estate.
Is Probate always difficult?
In a nutshell, NO! Texas Probate can be simple and
inexpensive.
The basic steps of probating a will are:
Filing an application for probate with the court
The will gets filed with the application
One hearing to probate the will and appoint an executor
Filing required notices
Filing an inventory of the decedent's assets
In Texas, with a properly drafted will, probate is
neither time consuming nor expensive
What if there are a lot of creditors “waiting
in the wings”?
There are probate methods that
are used to protect an estate’s assets from
some creditor claims. This is done by a complex series
of notices to outstanding creditors. Beneficiaries
of an estate may also have statutory protections
of certain assets. Contact us for more information.
Why should the will be probated
It isn't possible, in most cases,
to wrap up a decedent's estate without probating
the will. By probating the will, the executor is
given authority to act in place of the decedent,
to collect all of the assets, pay the debts and to
distribute what’s left.
Even if all of the beneficiaries agree how to distribute
and sell the decedent's assets, they usually will not
be able to close mutual funds, sell real estate, or
gain access to bank accounts without someone being
appointed executor.
Is anything else necessary to finalize the estate?
Most of the work of the estate can be done by the
executor without the assistance of a lawyer or interference
from the court. The executor can hire accountants and
lawyers to aid and advise him, but that isn't necessary
in simple estates. Legal advice is often sought in
selling real property or settling any claims against
the estate. An accountant is usually needed to prepare
final tax returns for the decedent.
When should I probate the will?
As soon as you can. The quicker you begin the process,
the quicker the executor will have the authority to
begin to wrap up the estate.
If you need access to bank accounts to pay expenses
and debts, you need to move quickly.
If you wait too long, it will cost you! You can't
probate a will, without additional expense, after four
years after the decedent's death. So, waiting isn't
a good idea.
Can't I avoid probate?
Why avoid probate? If probate isn't
expensive and does everything legally necessary to
wrap up estate, so why avoid it? There are some short-cut
procedures, but if you can probate the will you should.
Once probated, the executor can do everything to
wrap up the estate -- no limits! No "short-cut" procedure
can do that.
What if the original will can't be found?
There is a presumption that the decedent revoked any
original will that cannot be produced to the court.
However, if you cannot find the original will, you
may be able to probate a copy of the will. You will
have to provide to the Court some reasonable explanation
as to what happened to the original and some proof
that the copy is accurate. Make sure to look everywhere
before trying to probate a copy. You should check with
the lawyer who drafted the will, safe deposit boxes,
etc. before trying to probate a copy of the will. If
you don't know the lawyer's name, look in the decedent's
financial records and try to find a paid check or bill
from the lawyer. If the will is really lost, contact
our offices for further direction.
What if there wasn’t a will?
There are statutory provisions that deal with handling
an estate if there is no will. Contact our office for
a no-cost consultation if your loved one died without
a will.
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