Probate Lawyer in Texas

Navigating Probate in Texas with M&P Law Offices

Losing a loved one is never easy. Dealing with their estate shouldn’t add to the burden. At M&P Law Offices, we provide compassionate and expert guidance to families navigating the probate process in Texas.

We’re dedicated to making this difficult time as smooth as possible, ensuring your loved one’s legacy is honored and their wishes are fulfilled.

Zach Pettigrew has been outstanding for me and my family for years! Honest and straightforward has been my experience with M and P. Zach has always expressed risk vs reward clearly. He’s always been the level head in the room. You’re going to get big city law firm confidence for a fair, reasonable price!

– Ricky Smith (Google Review)

August 2022

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What is Probate in Texas?

Probate is a legal process supervised by the court that manages and distributes the estate of a deceased person (the decedent).

This process validates the will (if one exists), identifies and inventories assets, pays outstanding debts and taxes, and finally distributes remaining assets to rightful heirs.

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Probate is the court process of validating and executing the will.
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Why Choose Informal Probate in Texas?

Texas offers both formal and informal probate options. In many cases, informal probate presents a streamlined and efficient approach, especially when:

  • A Valid Will Exists: A clear, legally sound will outlining asset distribution simplifies the process significantly.
  • Heirs are in Agreement: When all beneficiaries agree on the will’s terms, the potential for disputes and complications is minimized.
  • Straightforward Assets: Estates primarily composed of bank accounts, personal property, and real estate, without complex business interests or significant debts, benefit from informal probate’s streamlined nature.
  • Small Estates: Informal probate offers a more cost-effective and less time-consuming solution for estates with modest asset values.

The Informal Probate Process in Texas

We guide you through every step of the informal probate process:
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Step 1: Filing an Application

We file an application for informal probate with the probate court in the appropriate Texas county, providing all necessary documentation.

Step 2: Submitting the Will

If a will exists, we submit it to the court for review, ensuring it meets all legal requirements for validity.

Step 3: Appointment of Personal Representative

We guide you through the appointment of a personal representative (executor) who will manage the estate’s affairs.

Step 4: Notice to Heirs & Creditors

We ensure all heirs, beneficiaries, and creditors are properly notified of the probate proceedings, adhering to legal timelines.

Step 5: Inventory & Appraisal

We meticulously inventory the estate’s assets and arrange for professional appraisals when needed, providing a clear picture of the estate’s value.

Step 6: Settlement of Debt & Taxes

We diligently handle the payment of valid debts, taxes, and any outstanding financial obligations of the estate.

Step 7: Distribution of Assets

We oversee the fair and accurate distribution of remaining assets to the rightful beneficiaries as outlined in the will or according to Texas intestacy laws.

Step 8: Closing the Estate

Upon completion of all requirements, we file the necessary documents with the court to officially close the estate.

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Why Choose M&P Law Offices for Your Probate Needs?

At M&P Law Offices, we believe in providing personalized and compassionate legal support during challenging times.

  • Experienced Probate Lawyers: Our team possesses the knowledge and expertise to handle probate matters of all complexities.
  • Compassionate Guidance: We understand this is a sensitive time and provide empathetic support and clear explanations throughout the process.
  • Dedicated to Protecting Your Legacy: We’re committed to ensuring your loved one’s final wishes are honored and their estate is handled with integrity.

Never compromise when it comes to your family and your legacy. schedule a consultation with our experienced estate planning attorneys in Aledo, TX. We’re here to protect your legacy and provide you with the peace of mind you deserve.

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Frequently Asked Questions About Probate in Texas

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Schedule a Consultation with an experienced Texas Probate Attorney to get direct answers for your unique family needs.

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No, probate is not always required in Texas. It depends on the amount and types of assets.

  • Assets with designated beneficiaries: Life insurance policies, retirement accounts, and bank accounts with payable-on-death beneficiaries bypass probate.
  • Property held in joint tenancy: Assets owned jointly with rights of survivorship automatically pass to the surviving owner(s).
  • Small estates: Texas offers simplified procedures for estates below a certain value, potentially avoiding full probate.

Consulting with an experienced Texas probate attorney is crucial to determine if probate is necessary for your specific circumstances.

In Texas, there are two primary options for handling estates with lower values, potentially avoiding full probate:

Small Estate Administration: This option applies if the gross value of the estate (excluding a homestead and exempt property) is $75,000 or less. It allows for a simplified process to collect and distribute assets.

Affidavit of Heirship: If there’s no will and the only asset is real estate located in Texas, an Affidavit of Heirship can be used to transfer the property. There’s no dollar limit for this method.

It’s crucial to remember that these options have specific requirements. Consulting with a Texas probate attorney is essential to determine eligibility and ensure compliance with Texas law.

Failing to probate a will in Texas can lead to several complications:

  • Distribution issues: Assets may be distributed incorrectly according to Texas intestacy laws, potentially disinheriting intended beneficiaries.
  • Access problems: Heirs may face difficulties accessing and managing the deceased’s assets without a court-appointed representative.
  • Family disputes: Lack of clarity surrounding the estate can fuel disagreements among family members, leading to costly legal battles.
  • Creditor complications: Unpaid debts may go unaddressed, causing further financial entanglements for the estate and beneficiaries.

While challenging, it’s sometimes possible to address an unprobated will even after time has passed. It’s best to consult with a Texas probate attorney to discuss available options and legal remedies.

Probate costs vary depending on the complexity of the estate. We provide transparent fee schedules and work with you to manage expenses effectively

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Whether you need legal advice or representation, M&P Law Offices is here to help. Contact us today to schedule a consultation and discover how we can assist you.

We are more than just attorneys; we are your trusted legal partners dedicated to achieving justice and success for you.

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