Managing a loved one’s estate after their death can be an emotional and legally complex process. The legal complexities, paperwork, and potential disputes can add stress during an already difficult time.
A Texas probate lawyer from our firm will ensure your loved one’s estate is handled according to their wishes. Marc Whitehead & Associates has been helping Texas families with probate matters for over 30 years.
Our firm knows that probate can be both emotionally and financially challenging, and we’re here to guide you in making informed decisions. Whether you are an executor trying to fulfill your duties, a beneficiary concerned about your inheritance, or a family member facing probate litigation, we will help.
Understanding the Probate Process in Texas
Probate is the legal process of distributing a person’s estate after they die. In Texas, the process can vary depending on factors such as whether the deceased individual had a valid will or died intestate (without a will).
Types of Probate in Texas
The probate process in Texas isn’t one-size-fits-all. The type of probate you need depends on factors such as:
- Whether your deceased relative had a valid will
- The size of the estate
- Whether there are any disputes among heirs
Understanding the various types of probate can help us determine the most efficient way to settle an estate. Our Texas probate case lawyers will assess your situation and guide you toward the best legal path.
- Independent administration: A streamlined process available when the will allows it or when all heirs agree
- Dependent administration: Court-supervised probate, typically required when disputes arise
- Muniment of title: A simpler process used when there are no outstanding debts, aside from mortgages
- Small estate affidavit: An option for estates valued under $75,000, excluding homestead property
Our probate lawyers in Texas will determine the next action to take based on the estate’s specific circumstances.
Do You Need a Probate Lawyer?
If you are facing probate challenges in Texas, consulting an experienced attorney can save you time, stress, and potential financial losses. You should consider hiring a probate lawyer if:
- You are unsure how to navigate probate court and legal requirements.
- The estate has significant assets, debts, or complex financial matters.
- You anticipate family conflicts or legal disputes.
- The executor isn’t fulfilling their duties properly.
- You are a beneficiary concerned about your inheritance rights.
If any of the above describes your situation or you think getting legal help is the next step for you, contact us. We will provide the legal support you need during this difficult time.
Our Texas estate planning lawyers can help you simplify the probate process for your loved ones, ensuring your assets are distributed according to your wishes after your death.
How Our Texas Probate Attorneys Can Help You
Our probate lawyers can assist with:
- Validating the will: Ensuring the will meets legal requirements and is properly filed with the court
- Handling probate court proceedings: Representing the estate executor or administrator in hearings
- Identifying and valuing assets: Determining what property is part of the estate and its fair market value
- Settling debts and taxes: Ensuring outstanding debts, taxes, and expenses are paid before distributing assets
- Distributing inheritances: Making sure beneficiaries receive what they are entitled to under the law
- Resolving disputes: Handling contests concerning a will and other legal conflicts among heirs or creditors
With our firm’s help, you can avoid costly mistakes and unnecessary delays in the probate process.
Important Texas Probate Deadlines You Should Know
When handling an estate, we must follow important deadlines. Texas law sets specific time limits for filing a will, notifying creditors, and completing probate. If you miss the following deadlines, it can cause delays or legal problems:
- Filing a will: A will must be filed in probate court within four years after the person dies, per Texas Estates Code § 256.003. If the document is filed late, the estate may be handled as if there was no will at all.
- Notifying creditors: After creditors are officially notified, they have four months to ask for payment on any debts the estate owes.
- Filing an inventory: The executor (the person in charge of the estate) must file a list of assets and debts within 90 days unless the court says it isn’t needed.
- Court reports for supervised probate: If a judge is closely watching the probate process, the executor must send annual updates to the court.
- Filing a will to transfer property: If the only reason to go through probate is to transfer property, the will still needs to be filed within four years.
These deadlines are important, so missing them can cause problems with settling the estate. Our Texas probate case lawyers will make sure we file everything on time.
How Long Does the Probate Process Take in Texas?
The time required to complete probate in Texas depends on various factors, including the size of the estate, whether there is a valid will, and whether any disputes arise. While some estates can be settled in a matter of months, others may take a year or more.
Various factors affect probate timelines, which include:
- Type of probate: Independent administration is faster, while dependent administration requires more court oversight and can take longer.
- Estate complexity: Larger estates with multiple assets, debts, or business interests may require additional time to process.
- Will contests or disputes: If heirs challenge the will or creditors make claims against the estate, probate can take significantly longer.
- Court schedules: Probate courts in some counties may have backlogs that delay hearings and filings.
We will streamline the process so that it helps reduce the risk of any possible delays.
What Happens if There’s a Dispute Over an Estate?
Family disagreements over wills, inheritances, or executor decisions can lead to probate litigation. Common disputes include:
- Will contests: Claims that the will was signed under undue influence, fraud, or without proper legal formalities
- Breach of fiduciary duty: Allegations that the executor mismanaged estate assets
- Heirship disputes: Disagreements over who qualifies as a rightful heir
- Creditor claims: Challenges from creditors seeking repayment from the estate
Our probate attorneys in Texas have experience handling estate disputes and protecting our clients’ rights. If you believe you have a claim or need to defend against one, we can help.
Call Us Today for Help From Our Texas Probate Lawyers
The probate process can be complex and emotionally taxing. When you come to Marc Whitehead & Associates, we will provide compassionate legal assistance to help you through this challenging time.
Our Texas probate lawyers are ready to help.