Compassionate Legal Guidance Through The Probate Process
The days after a loved one passes can be profoundly difficult. If you are struggling with how to manage their affairs, now is the time to seek help. Our probate attorneys at the Law Office of Carrie Kemper Allen, PLLC, will work with you to streamline the probate process. Based in Pearland, they provide needed assistance with the administration of an estate and help ensure that beneficiaries will receive what is rightfully theirs for clients in south Houston communities.
What Is Probate?
Probate is the legal process that takes place after someone passes away. It ensures that the deceased person’s assets are distributed according to their will or state law if there is no will. The process typically begins when someone, usually a family member or close friend, files the decedent’s will with the local probate court. The court then validates the will and appoints an executor or administrator to manage the estate.
The executor named in the will must gather and inventory all of the decedent’s assets. They will pay any debts and taxes and then distribute the remaining assets to the rightful heirs. This process can be complex and time-consuming, often involving various legal forms and court appearances. It’s crucial to follow each step carefully to avoid legal issues. Working with an experienced probate attorney can help you navigate these requirements smoothly, ensuring that everything is handled correctly and efficiently.
When Does An Estate Have To Be Probated In Texas?
In Texas, an estate typically needs to be probated if the deceased person owned assets solely in their name or if their assets do not automatically transfer to someone else. This includes real estate, bank accounts and other significant property. If the total value of the estate is relatively small, you might be able to use a simplified probate process, such as a small estate affidavit.
However, if the deceased left a will, the probate process will validate the will and ensure that the decedent’s wishes outlined in the will are followed. Even if there is no will, probate is necessary to distribute the assets according to Texas state law. Consulting with a probate attorney can help you determine the best course of action for your specific situation. They can provide guidance on whether a full probate process is needed and how to proceed.
What Does A Texas Probate Attorney Do?
A Texas probate attorney assists you throughout the probate process, providing valuable legal guidance and support. From filing the initial paperwork to representing you in court, they ensure that all legal requirements are met. They help you understand your responsibilities as an executor and make sure you comply with Texas probate laws.
Your lawyer will help you gather and inventory the deceased’s assets, identify and pay any debts or taxes, and distribute the remaining assets to the rightful heirs. They also handle any disputes that may arise among beneficiaries or creditors. By working with an experienced probate attorney, you can navigate the complexities of the process more smoothly and efficiently, reducing the stress and uncertainty that often accompany these situations. A local attorney can also provide much-needed guidance and assistance with the probate process if your family member lived in Texas, but you live out of state.
Our firm’s attorneys are also mindful of the Texas probate process whenever they assist a client with preparing their estate plan. By understanding what assets need to pass through probate, they can help direct assets and wealth into alternatives that will help minimize and simplify the probate process for your heirs. For example, by establishing trusts, they can direct assets into alternatives that are not subject to probate.
Consult An Experienced Probate Attorney
At the Law Office of Carrie Kemper Allen, PLLC, we know that the legal system and probate process can seem confusing, especially when your family is grieving. From paperwork to court hearings, there will be challenges to overcome.
Our Pearland probate attorneys provide our clients with direct, one-on-one counsel and representation, and work to protect the well-being of the families and communities in Harris, Galveston and Brazoria counties. We invite you to learn more about the services we provide. Call our offices at 713-804-5889 or send an email to schedule a consultation.