Texas Probate Attorney & Lawyer
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Texas Probate Law -- Texas Probate Lawyer
Probate Law
If you are currently in a situation where you’ll be dealing with the Texas state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Texas probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in Texas
When working with the Texas state probate process, there are a number of things that you should be aware of. First, you need to understand the importance of knowing how the procedure works. If you are not clear on this, the process will be a difficult one, given that it will be nearly impossible to plan ahead without being able to anticipate the next course of action.
Also, you will want to know about the assignment of property that is received from the decedent. This is important to the process on the whole, because it is the official mark of probate success. Attorneys help you achieve that success by applying their skills and legal knowledge to your particular case.
It is important that you know about the exercise of power of appointment in Texas state probate law too, seeing that this is the stage in which the personal representative assumes control of the estate until the probate procedure has concluded. Also important to probating in the state of Texas, is the period that is allowed for procedures to take place. People who decide to navigate through the Texas state probate system alone, run the risk of mishandling their case and facing penalties, which could result in the repetition of procedures and the resubmission of legal documents. For this reason, many people today are opting to hire attorneys.
There are two major factors that contribute to the importance of understanding how the Texas state probate procedure works. The first factor pertains to the formal nature of all written documents, which is requirement by the state for all documentation that is to be submitted. For people who don’t spend much time reading and writing formal, legal material, these state requirements often present difficulty. Failure to meet state requirements related to the formal structure and contents of Texas state probate documentation frequently results in repeating processes and resubmitting documents.
The second contributing factor has to do with the time limitations that the state of Texas places of all probate procedures. If your procedures are not carried out within the time provided for you by the state of Texas, your case will be held up, given that you will probably end up having to resubmit documents and face other penalties that are defined by the state in the statutes. A good way to avoid problems such as these is to hire an attorney who has extensive experience and legal training in this field. This way, you can be assured that your case is being managed in a legally, efficient manner.
It’s generally a good idea to be aware of the way in which the assignment of property received from a decedent is handled, in the Texas state probate process. Someone who is entitled to receive property under the power of a will is allowed to assign the property to any person. This is particularly important when the decedent is a loved one and when it is not quite clear how the property is to be portioned out.
People who try to make their way through the Texas state probate system on their own, without the help of an attorney, often run into problems that could have been avoided, had an attorney been hired. If you don’t think that you fully understand how the assignment of the decedent’s property may occur in Texas, you will want to consult with your attorney, so that he or she may explain to you the finer aspects of Texas state probate law.
It is important to note that a testator in the state of Texas is not allowed to exercise a power of appointment through a residuary clause, unless he or she makes a specific reference to the power in the will. Or, if there is some kind of sign, in writing, that the testator means to comprise the property subject to the authority of the will then they are allowed to do so. It is clear that you’re going to have to understand a number of rules and exceptions related to Texas state probate law, in order to assure the success of your case.
You also will need to know about the period of time that the state of Texas allows for probate procedures. In Texas, no one is allowed to probate after four years have passed since the death of the testator. However, if a person was not responsible for the failure to present a probate case, and if they can present this by means of proof then there is still a way to get the process moving onward. This time limitation is important, given the fact that it means you will most likely need to act right away, and handle all matters quickly and efficiently.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Texas probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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Texas Probate Lawyer Areas Served
Texas Cities Served By A 1800 Probate Lawyer
| Houston | Dallas | San Antonio |
| Austin | El Paso | Fort Worth |
| Arlington | Corpus Christi | Plano |
| Garland | Lubbock | Irving |
| Laredo | Amarillo | Pasadena |
| Brownsville | Grand Prairie | Mesquite |
| Abilene | Beaumont | Waco |
| Carrollton | McAllen | Wichita Falls |
| Midland | Richardson | Odessa |
| San Angelo | Killeen | Tyler |
| Denton | Lewisville | Longview |
| College Station | Baytown | Bryan |
| Sugar Land | Round Rock | Victoria |
| Port Arthur | Harlingen | Galveston |
| The Woodlands | North Richland Hills | Temple |
| McKinney | Missouri City | Flower Mound |
| Edinburg | Bedford | Pharr |
| Euless | League City | Mission |
| Rowlett | Allen | Grapevine |
| Texas City | Haltom City | DeSoto |
| Pearland | Conroe | New Braunfels |
| Spring | Hurst | Duncanville |
| Coppell | Atascocita | Sherman |
| Huntsville | Texarkana | San Marcos |
| Del Rio | Frisco | Fort Hood |
| Lufkin | Cedar Hill | La Porte |
| Mission Bend | Nacogdoches | Channelview |
| Copperas Cove | Friendswood | Deer Park |
| Georgetown | Mansfield | Farmers Branch |
| Keller | Socorro | Weslaco |
| The Colony | Lake Jackson | San Juan |
| Cedar Park | Cleburne | Paris |
| Lancaster | Kingsville | Big Spring |
| Corsicana | ||
| And Many More! | ||
|---|---|---|
Texas Counties Served By A 1800 Probate Lawyer
| Anderson County | Andrews County | Angelina County |
| Aransas County | Archer County | Armstrong County |
| Atascosa County | Austin County | Bailey County |
| Bandera County | Bastrop County | Baylor County |
| Bee County | Bell County | Bexar County |
| Blanco County | Borden County | Bosque County |
| Bowie County | Brazoria County | Brazos County |
| Brewster County | Briscoe County | Brooks County |
| Brown County | Burleson County | Burnet County |
| Caldwell County | Calhoun County | Callahan County |
| Cameron County | Camp County | Carson County |
| Cass County | Castro County | Chambers County |
| Cherokee County | Childress County | Clay County |
| Cochran County | Coke County | Coleman County |
| Collin County | Collingsworth County | Colorado County |
| Comal County | Comanche County | Concho County |
| Cooke County | Coryell County | Cottle County |
| Crane County | Crockett County | Crosby County |
| Culberson County | Dallam County | Dallas County |
| Dawson County | Deaf Smith County | Delta County |
| Denton County | DeWitt County | Dickens County |
| Dimmit County | Donley County | Duval County |
| Eastland County | Ector County | Edwards County |
| Ellis County | El Paso County | Erath County |
| Falls County | Fannin County | Fayette County |
| Fisher County | Floyd County | Foard County |
| Fort Bend County | Franklin County | Freestone County |
| Frio County | Gaines County | Galveston County |
| Garza County | Gillespie County | Glasscock County |
| Goliad County | Gonzales County | Gray County |
| Grayson County | Gregg County | Grimes County |
| Guadalupe County | Hale County | Hall County |
| Hamilton County | Hansford County | Hardeman County |
| Hardin County | Harris County | Harrison County |
| Hartley County | Haskell County | Hays County |
| Hemphill County | Henderson County | Hidalgo County |
| Hill County | Hockley County | Hood County |
| Hopkins County | Houston County | Howard County |
| Hudspeth County | Hunt County | Hutchinson County |
| Irion County | Jack County | Jackson County |
| Jasper County | Jeff Davis County | Jefferson County |
| Jim Hogg County | Jim Wells County | Johnson County |
| Jones County | Karnes County | Kaufman County |
| Kendall County | Kenedy County | Kent County |
| Kerr County | Kimble County | King County |
| Kinney County | Kleberg County | Knox County |
| Lamar County | Lamb County | Lampasas County |
| La Salle County | Lavaca County | Lee County |
| Leon County | Liberty County | Limestone County |
| Lipscomb County | Live Oak County | Llano County |
| Loving County | Lubbock County | Lynn County |
| McCulloch County | McLennan County | McMullen County |
| Madison County | Marion County | Martin County |
| Mason County | Matagorda County | Maverick County |
| Medina County | Menard County | Midland County |
| Milam County | Mills County | Mitchell County |
| Montague County | Montgomery County | Moore County |
| Morris County | Motley County | Nacogdoches County |
| Navarro County | Newton County | Nolan County |
| Nueces County | Ochiltree County | Oldham County |
| Orange County | Palo Pinto County | Panola County |
| Parker County | Parmer County | Pecos County |
| Polk County | Potter County | Presidio County |
| Rains County | Randall County | Reagan County |
| Real County | Red River County | Reeves County |
| Refugio County | Roberts County | Robertson County |
| Rockwall County | Runnels County | Rusk County |
| Sabine County | San Augustine County | San Jacinto County |
| San Patricio County | San Saba County | Schleicher County |
| Scurry County | Shackelford County | Shelby County |
| Sherman County | Smith County | Somervell County |
| Starr County | Stephens County | Sterling County |
| Stonewall County | Sutton County | Swisher County |
| Tarrant County | Taylor County | Terrell County |
| Terry County | Throckmorton County | Titus County |
| Tom Green County | Travis County | Trinity County |
| Tyler County | Upshur County | Upton County |
| Uvalde County | Val Verde County | Van Zandt County |
| Victoria County | Walker County | Waller County |
| Ward County | Washington County | Webb County |
| Wharton County | Wheeler County | Wichita County |
| Wilbarger County | Willacy County | Williamson County |
| Wilson County | Winkler County | Wise County |
| Wood County | Yoakum County | Young County |
| Zapata County | Zavala County |
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]