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.
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.
Contact Brandy Austin Law Firm, PLLC Today
We understand that if your family is dealing with the probate process, you’re likely going through immense grief. You may also be concerned whether the representative of the will can handle your loved one’s legacy with care and respect. If you would like to meet with a probate lawyer Dallas, TX families trust, don’t hesitate to contact our firm. For more information, or to set up a consultation with a probate lawyer about your case, call or email us today.