Probate

What is Probate?

Probate in Texas can be complicated and confusing. Working with an experienced Texas probate attorney can take the anxiety and frustration out of it. We have helped hundreds of clients. You don't have to go this alone.

We have comprehensive knowledge of Texas Probate Law. Navigating Texas probate courts is the last thing that anyone wants to do when their loved one has passed away. We have helped many individuals in probate courts.

When a person passes away, their property must be safeguarded, debts and liabilities resolved, beneficiaries or heirs ascertained, and ultimately, their property must be disbursed, preferably according to an estate plan, rather than by state laws, which may not reflect the decedent's wishes. At Adams, King, & Smith, our probate lawyer in Texas helps executors of Wills or beneficiaries or heirs of an estate through the probate process. Starting with identifying and safeguarding estate assets, through dealing with debts, creditors, and other problems, and ending with the distribution of assets and inheritances to the beneficiaries or heirs. Contact us by either using the online form or calling us directly at (903) 757-3331 to schedule a FREE CONSULTATIONS FOR PROBATE OF A WILL, OR ESTATE PLANNING TO INCLUDE TRUSTS and learn more.

Overview of Probate in Texas?

Probate is the process by which a deceased person's assets and belongings, known as their estate, are used to pay debts and obligations and thereafter are passed on to their named beneficiaries or if not named, heirs, according to law. Most matters related to wills and estates are handled by probate courts.

Both the probate process and outcomes can look very different, depending on whether the decedent had a valid Will or other estate planning documents in place at the time of death.

The beginning of Probate

The probate process begins when the decedent passes away. Typically a family member contacts a Probate Lawyer to discuss what avenues are best pursued. If a probate is the best course of action, an application to probate is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate.

If there is a Will, an executor will likely be named in it.
If there is not a Will, a personal representative called an administrator will usually be appointed.

Once the executor or administrator is approved or appointed by the court, that person must:

Notify the heirs;
Publish notice for any creditors;
Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and
Secure all assets.
Determine legitimate debts and obligations and then resolve them.
And finally, distribute the assets to the appropriate beneficiaries or heirs.

How smoothly the probate and administration of the estate proceeds depends largely on whether there is a valid well drafted Will or not.

Probate with a Will

If the decedent died with a Will, the Will must be found, filed with the court, and admitted to probate by the Judge before it becomes legally effective and its terms are put into action. This process involves a court hearing where the applicant to probate the will is in usually in attendance, and additional witnesses may or may not be required to be in court.

Once the assets are ascertained, property safeguarded, and debts are ascertained, the executor must settle debts of the estate. Once creditors are taken care of, and any other issues are resolved, the executor distributes the remainder to the beneficiaries in accordance with the Will or to the heirs according to state law if there was no Will.

Probate without a Will

If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through their state's intestacy laws. Typically an administrator will be appointed to handle the estate.

An heirship determination will be had to determine who the heirs of the estate are. This is sometimes fairly straightforward, but other times very troublesome if there is a serious question of who the heirs are. Once the heirship is resolved, and the administrator has located all the decedent's assets and notified and paid the creditors, the probate judge will apply the state's laws of intestacy and direct the administrator to distribute the estate to the decedent's heirs. Having a Will often vastly simplifies the probate process and saves a substantial amount of money in reduced fees and costs associated with heirship determinations and related issues.

Do You Need a Probate Lawyer in Longview, Gregg County, Texas?

If there is a to be a probate proceeding in court, the answer is yes. Whether there needs to be a probate depends on what the assets are, and if there was an estate plan that handles property outside of the probate court. Regardless, a probate lawyer should usually be consulted to determine the best course of action. A probate lawyer can provide important services that can help speed up the probate process. A probate lawyer can help with, among other things, the:

Filing the probate application to the court
Advising the personal representative of the estate (executor in the case of a Will, or administrator if there is no Will)
Preparation and filing of all documents required by a probate court
Transfer of assets to beneficiaries

Contact a Probate Lawyer in Texas Today

We are here to help you with probate questions If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact Adams, King, & Smith either online or at (903) 757-3331 to schedule a FREE CONSULTATION FOR WILLS, PROBATE OF A WILL, OR ESTATE PLANNING TO INCLUDE TRUSTS with our Probate lawyer today.

Why Choose Us?

We are skillful and compassionate and understand what you are facing. Our team knows that no clients are the same, and probate requires thoughtful consideration of the decedent's wishes. You can count on us to tailor a probate solution to your unique needs and provide knowledge, guidance, and support during this difficult time. Texas offers options on how to probate an estate. We can help you find the best way through the probate process, or perhaps even avoid probate. Let us walk you through it.