Ask Dan Burke – Attorney at Law
Welcome to the Frequently Asked Questions for Probate Law.
When a loved one passes, one of the last things you want to have to worry about is the probate process of their estate.
Read some of the answers that Dan Burke provides to help shed light on the process of choosing a Probate Attorney.
Probating a will is the legal process of validating a deceased person’s will in a Texas probate court. It involves proving the will’s authenticity and appointing an executor to manage the deceased’s estate.
If a will is not probated in Texas, the deceased’s assets will be distributed according to the state’s intestacy laws, which may not align with the deceased’s wishes. Additionally, the estate may face legal and financial complications.
The time it takes to probate a will in Texas varies depending on the complexity of the estate and whether any disputes arise. On average, the process takes about 6-9 months, but it can range from a few weeks to several years in more complicated cases.
To probate a will in Texas, follow these steps:
a. File the original will and a petition for probate with the probate court in the county where the deceased lived.
b. Notify the deceased’s heirs and beneficiaries of the probate proceeding.
c. Attend the probate hearing, where the court will validate the will and appoint an executor.
d. The executor must notify creditors, inventory the estate’s assets, pay debts and taxes and distribute the remaining assets to the beneficiaries according to the will.
e. Once all the necessary steps are completed, the executor files a final report with the court, and the probate proceeding is closed.
It’s essential to work with an experienced probate attorney in San Antonio to navigate the complexities of the Texas probate process and ensure that everything is handled correctly.
In the case that a loved one has passed, sometimes the deceased had ownership of property which needs to be transferred. The property can, in some cases, be transferred at the deceased wishes, as expressed in their will. If there is no will, then property can be transferred through the laws of intestacy.
Handling the probate process after a loved one has passed can be long, expensive, emotional and draining. It is important to hire a probate attorney because their key focus is to ensure that mistakes are not made throughout the process, ultimately saving you both money and time.
The role of a probate attorney is to simply assist clients through the probate process. When hiring a probate attorney you are employing someone to not only legally advise you throughout the process but also keeps the process as organized and efficient as possible. A probate attorney helps ensure that you don’t make mistakes in the probate process.
When choosing a probate attorney, it is important to make sure that it is someone that has been established in the area where your loved one lived at the time of their passing. When seeking a probate attorney, focus on finding someone whom you feel comfortable talking to and is available to answer your questions throughout the process.
To become the administrator of an estate in Texas, you must file a petition with the probate court in the county where the deceased lived. The court will then appoint you as the administrator if you meet the legal requirements and no valid will exists.
Yes, the administrator of an estate in Texas is entitled to reasonable compensation for their services. The compensation is usually a percentage of the estate’s value, as determined by the probate court.