Probate Lawyer Dallas, TX
Probate is a process entailing authenticating the last will and testament of someone who passed away. Overall, a representative is responsible for tasks such as determining a value of the decedent’s belongings and assets, in addition to paying off remaining bills and/or taxes. Then, the representative can distribute appropriately to beneficiaries or heirs the remainder of estate.
At Brandy Austin Law Firm, PLLC, our law firm has been dedicated to helping protect the assets and rights of people in the Dallas, TX community for many years. We take seriously our role in offering legal counsel for estate planning. We’re proud to serve the Dallas, TX metro area and we’re dedicated to addressing the needs in our communities.
Probate is one of the more confusing and overwhelming aspects of estate planning for many people. For those in need of legal services in regards to a deceased family member’s will, it can be very beneficial to consult with a probate lawyer. At Brandy Austin Law Firm, PLLC, we’re dedicated to helping our clients manage estate planning needs for their families.
By definition, probate is the process of administering the estate of a decedent. The many probate tasks are handled by an appointed representative, and can be summed up in four general steps.
1. Petition Filing & Notice to Beneficiaries
The process of probate starts with the filing of a petition with a Dallas, TX probate court. This petition is either to 1) move the will forward to probate and appoint a representative; or 2) appoint an administrator for the estate if no will was created. A hearing notice for the petition will be sent to all beneficiaries and heirs. Then, in response, they have the option to accept or object the petition. It is common for a hearing notice of this nature to be published in a local newspaper, in an attempt to notify creditors or any other relevant parties.
2. Inventory of Property
A representative will give written notice to estate creditors, based on the state law. A Dallas, TX creditor who wants to submit a claim on estate assets must do so within a specific period of time. The duration in which a creditor can claim assets varies based on state laws as well. An inventory of the property is performed, including stocks, bonds, housing property, and other forms of assets. The probate court may appoint an appraiser to value these assets if needed. In some cases, an independent appraiser is appointed to estimate values for various types of non-cash assets.
3. Paying Funeral Expenses, Debts and Taxes
The representative has to decide which claims from the creditors are valid and submit payment. Any other remaining bills related to the estate are paid. These creditor claims and bills are paid for from the estate. In more rare cases, the representative can sell assets of the estate in order to meet the decedent’s obligations. The probate process can quickly become confusing and complex for family members. By consulting with a probate lawyer you can have an experienced professional address any questions or concerns during this time.
4. Legal Titles are Transferred
The court is petitioned by the representative for authority to transfer any remaining assets to beneficiaries based on what is written in the decedent’s will. However, if no will was created, then the assets are distributed based on Dallas, TX intestate succession laws. When the petition is approved, the representative can transfer stock, create property deeds, transfer property, and/or liquidate assets. A probate lawyer can offer legal assistance if you believe the representative is not handling your loved one’s assets correctly.
Below we summarize the few probate steps as simply as possible, to help others understand the general goal of probate. It can become very confusing and complicated — and hopefully this article can answer a few questions you may already have — but don’t hesitate to contact a probate lawyer from our firm for more information.
The 8 Steps of Probate
1. If the deceased left behind a written will, the testament is authenticated. Then, a judge can approve the request for the will to be moved forward to probate.
2. A personal representative is appointed by the judge of probate court. This representative may also be referred to as an administrator or executor. This person shall oversee every probate process and assist in settling the estate.
3. The representative will organize and protect the decedent’s assets.
4. The representative will determine date of death values for the deceased assets through appraisals and account statements.
5. Known creditors are identified and receive notification of the death. The representative may decide to also publish a notice of the passing in a nearby newspaper in an effort to alert creditors he or she is not aware of. There is typically a limited period of time after receiving the notice that creditors have to respond and submit claims from the estate for money owed.
6. Bills are paid through the estate, and this process is handled by the representative. Any creditor claims that do not seem valid do not have to be paid. However, the creditor may petition the court for a probate judge to determine validity.
7. The personal representative will complete and file the deceased personal income tax return. Any inheritance taxes will be paid and assets may be liquidated if necessary. Estate taxes are usually due within nine months following the date of death.
8. Finally, the representative will distribute the remaining estate balance to listed beneficiaries but first must seek approval to do so by the probate court.
At Brandy Austin Law Firm, PLLC, we understand how overwhelming it can be to manage the legal responsibilities that follow the loss of a loved one. Whether you’re handling an estate with or without a will, or navigating the complexities of probate, we are here to provide the compassionate and knowledgeable support you deserve.
With years of experience guiding families through the probate process in Dallas, we take pride in being more than just legal professionals. We are your advocates, advisors, and trusted partners during this challenging time.
What We Offer as Your Probate Attorneys
We take a client-centered approach to every probate case, offering:
- Probate Administration: We manage the entire probate process from start to finish, ensuring compliance with Texas probate laws.
- Will Validation and Disputes: If there’s a will, we make sure it meets all legal requirements for probate. In case of disputes, we offer strategic guidance to protect your interests.
- Estate and Trust Management: We help manage and distribute estate assets efficiently, offering straightforward solutions.
- Navigating Probate Without a Will: When no will exists, Texas law determines the asset distribution. We ensure everything is handled correctly and with minimal stress.
- Contesting a Will: If the will does not reflect your loved one’s intentions, we provide strong representation in will contest cases.
- Guardianships and Conservatorships: We assist in establishing guardianships for minors or incapacitated adults if required.
Probate Doesn’t Have to Be Overwhelming
We understand that legal jargon and court procedures can be confusing. That’s why we take the time to explain every step in plain language and provide practical solutions tailored to your needs. Whether you’re an executor or have questions about estate distribution, we are here to support you throughout the entire process.
Why Choose Us for Probate Services?
- Deep Knowledge of Texas Probate Law: Texas probate law has unique rules and deadlines. Our experience ensures your case is handled properly and efficiently.
- Compassionate Legal Guidance: We recognize this can be a difficult time, and we offer more than just legal advice. Our team provides empathy and support to ease your burden.
- Proven Track Record: We focus on resolving matters efficiently to save you time and money, earning a strong reputation for favorable outcomes.
- Transparent Fees and Communication: We believe in clear communication and straightforward fee structures to prevent unexpected costs.
Comparing Us to Competitors
While other firms like Harnett Law Firm and Dallas Probate Attorneys offer probate services, we take a more personalized and comprehensive approach. Many firms focus solely on legal processes, but we prioritize relationships and long-term solutions. Here’s how we stand out:
- More Than Probate: In addition to probate administration, we offer estate planning services to help families avoid unnecessary legal complications.
- Guardianship Expertise: Unlike some competitors, we provide specialized support for guardianships, ensuring the best care for minors or incapacitated adults.
- Experience in Will Contests: While some firms avoid contentious probate cases, we are fully prepared to assist with will disputes.
Additional Topics to Enhance Our Service Offerings
To ensure our content covers all aspects of probate and addresses client concerns, we also specialize in:
- Probate Litigation: We offer representation when conflicts arise among beneficiaries, ensuring disputes are resolved efficiently.
- Avoiding Probate with Estate Planning: Our estate planning services include trusts and other tools to help clients avoid probate altogether.
- Emergency Probate Services: For urgent matters, we provide expedited probate services to meet tight deadlines.
- Managing Digital Assets in Probate: We advise on handling digital assets like online accounts or cryptocurrency during probate.
- Out-of-State Executors: If you live outside Texas but need to manage probate here, we handle all local processes on your behalf.
Frequently Asked Questions (FAQs)
1. How long does the probate process take in Texas?
The time frame varies based on the estate’s complexity. Simple cases may take a few months, while contested or larger estates can take over a year. We’ll provide a timeline based on your situation.
2. Can probate be avoided?
Yes, probate can be avoided with proper estate planning tools such as living trusts. We can help you explore these options to make the process easier for your loved ones.
3. What happens if there is no will?
When there’s no will, Texas intestacy laws determine how assets are distributed. We guide you through this process to ensure everything runs smoothly.
4. Can a will be contested?
Yes, a will can be contested on grounds like fraud, undue influence, or lack of mental capacity. We will help you determine if a contest is appropriate and represent you throughout the case.
5. What are the responsibilities of an executor?
An executor is responsible for paying debts, distributing assets, and filing documents with the court. We assist executors every step of the way to ensure they meet their obligations.
Contact Us Today
If you need compassionate, knowledgeable probate assistance in Dallas, TX, reach out to us at Brandy Austin Law Firm, PLLC. We’ll take the time to understand your needs, answer your questions, and guide you through the next steps with confidence.
