PROBATE LAW

I help people probate Wills in counties across East Texas and in the Dallas Ft. Worth metroplex. If you know that you need help with probate please contact me at (903) 944-7800. Navigating probate after someone’s passing can be overwhelming if you don’t understand the process and know what to watch out for. If you’re not sure what probate is, don’t worry — you’re not alone.

WHAT IS PROBATE?

In simple terms, probate is the legal process of creating a Decedent’s estate, collecting estate assets, managing, distributing, and finalizing the estate. If the Decedent left a valid Last Will and Testament (“Will”), then the procedure involves filing the Will with the appropriate Probate Court, addressing the Decedent’s debts, administering the Estate, and distributing the Estate.

If you are appointed as the executor or administrator of a loved one’s estate, probate is one of the many things you’ll have to deal with. A lawyer with a practice that focuses on probate law and is knowledgeable in probate matters can walk you through the process to make sure everything is done correctly.

DO I NEED AN ATTORNEY FOR PROBATE?

In Texas (with a few exceptions) an attorney is required to probate an Estate.

WHAT IS ESTATE ADMINISTRATION?

The executor of a will (or the administrator of an Estate where there is no Will), is the person in charge of administering the estate. Estate administration consists of collecting the Decedent’s assets, paying the Decedent’s valid debts, and distributing the Decedent’s assets to the beneficiaries if there was a Will or to the heirs if there was not a Will. The time needed to probate and administer an estate varies, but it can be a lengthy and complicated process. Having legal counsel with experience in probate law and probate administration is essential for estate administration.

TYPES OF ESTATE ADMINISTRATION.

In Texas, estate administrations are either dependent or independent.

Independent Administration. An independent administration is usually (but not always) preferable because an independent administration reduces the level of court supervision, attorney fees, and expenses of administration and is typically faster. When an Executor is an Independent Executor, they are responsible for how the estate is handled, but they are still bound by the terms of the Will (or Judgment where there is no Will) and they are held to very high fiduciary duties to the Beneficiaries (and heirs).

Dependent Administration. In contrast, a Dependent Administration is supervised by the Court every step of the way. A Dependent Administrator may not take any action on behalf of the Estate without first seeking court approval. And a Dependent Administrator is also bound by the terms of the Will (or Judgment where there is no Will) and they are also held to very high fiduciary duties to the Beneficiaries (and heirs). Having a probate lawyer is valuable in navigating the complexities of serving as Executor or Administrator.

WHAT IF THERE ISN’T A WILL?

When a person dies without a Will they are “intestate”. While this is not ideal, it’s also not uncommon. The intestate probate process is complex because when there is no Will, no individual is named to serve as Executor or Administrator, and no instructions are given for the distribution of the Estate. In these cases, a probate is often still necessary. An interested person, heir, family member, or even creditor, may file an application with the probate court to be appointed the administrator of the Estate.

A judicial determination of heirship identifying the Decedent’’s heirs and their interest in the estate is required before the appointed administrator may distribute the assets to the heirs. This procedure is complex, time consuming, and requires great attention to detail. I routinely help families with heirship and intestate probate matters.

DO YOU NEED TO PROBATE?

While not every estate must go through probate, most do. There are several situations where probate will be 100% necessary. These situations usually include accessing and distributing accounts without beneficiary designations, recovering legal claims owed to the estate, transferring real property, or dealing with creditors. If you have a question as to whether or not probate is necessary, talk with a probate lawyer who can help you decide.

Probate cases are complex matters involving specialized and specific documents, deadlines that have to be met, and procedures that need to be followed. The good news is that you don’t have to go through this process on your own. If you need help with dealing with the probate process, call probate attorney Vance E. Hendrix today to get your probate matters resolved legally, properly, and efficiently. Vance has years of experience in this manner, and he takes great pride in being able to help people. He will walk you through the process step by step and make sure that everything is done to the letter of the law. When you work with Vance, you can be assured that you’re in good hands.