Contingency Probate Lawyer Dallas, TX
In Texas, when a person dies, their estate must go through the probate. Probate is the legal process where the court determines how the decedent’s assets should be distributed. This process must be completed whether the decedent had a will or did not have a will. During the probate process, the court not only oversees asset distribution, but also determines the validity of any motions contesting the will or any other estate disputes. A contingency probate lawyer Dallas, TX clients recommend from Brandy Austin Law Firm can explain the best ways to ensure that your estate is divided the way you wish.
The first step in the probate process is appointing the executor of the estate. If there is a will, the executor will have been named by the decedent. If there was no will or other estate plan tools in place, then the court will name someone. If there is a will, the executor will file it with the probate court that has jurisdiction where the decedent was living when they passed.
All beneficiaries, heirs, and creditors are then notified that the will has been presented to the court in the event they want to contest the terms of the will or file any claims against the estate. While this process is ongoing, the executor will address any financial issues of the estate, such as paying recurring bills or debts the decedent had. Once all debts of the estate have been satisfied, the executor will file a financial accounting with the court, along with the receipts. This report is made public and also given to all named beneficiaries.
There are situations where the property of the decedent may not be property that is part of the probate. This includes:
- Property the decedent owned that also has another party’s name on it, such as a home that was co-owned by spouses. The surviving spouse would now have sole ownership and the home would not be part of the estate being probated.
- Property that is in a trust that decedent set up prior to their death is not part of the probated estate.
- Property that is directed to “transfer on death” is not part of the probated estate.
Probate usually takes about a year to complete as long as there are no or very few claims being made against the estate, however, there are cases where it can take longer. For example, if the estate had much debt or if there are parties contesting the will, the process can take years to complete. A party who wants to contest a will may ask themselves Who is the best probate lawyer in Dallas, TX in order to be successful at having the probated will dismissed by the court.
Call for More Information
If you would like to learn more about the probate process and other estate planning tools, contact our Brandy Austin Law Firm to meet with a Dallas, TX contingency probate lawyer. We are also available for clients who are disputing a will and wish to file a motion to contest. Call our office today.