At our Fort Worth probate law firm, we offer a comprehensive range of probate services to assist families in navigating the complexities of estate settlement:

Probate Administration:

We help manage and distribute the estate of a deceased individual, ensuring all assets are inventoried, debts settled, and property distributed according to the will or Texas law.

Contested Probate Cases:

If disputes arise, such as will contests, claims from creditors, or disagreements between beneficiaries, we provide legal guidance to resolve these conflicts efficiently.

Independent vs. Dependent Administration:

We assist in determining whether independent administration, which requires less court oversight, or dependent administration, which involves close court supervision, is best for your situation under Texas probate law.

Small Estate Affidavit:

For simpler estates, we help file a small estate affidavit to transfer assets without undergoing a full probate process, saving time and reducing legal expenses.

Guardianship Proceedings:

We offer guidance in establishing legal guardianships for minors or incapacitated adults, ensuring that their care and interests are safeguarded during probate.

This list of probate services is just a sample of what our Ft. Worth probate legal team has experience with. We cover all aspects of the probate process and handle client estates with expertise and care, providing you with peace of mind during difficult times.

We can help you answer your important probate questions:

What to Expect During the Probate Process in Texas?

At our probate law firm in Fort Worth, we break down the probate process in Texas into clear steps to help clients understand what to expect. The process includes the following key phases:

1. Filing the Will:

The probate process begins with submitting the deceased’s will to the probate court in the appropriate county. The court reviews the will to ensure it is legally valid. This step can take a few weeks, depending on the court’s schedule and whether any challenges to the will’s authenticity are raised.

2. Validating the Will:

Once the will is filed, the court will officially validate it. This involves confirming that the document meets Texas legal requirements. In cases where no will exists, the estate goes through intestate probate, following state laws to distribute assets. This stage usually takes around 30 days but can be delayed if there are issues with the will’s legitimacy.

3. Appointment of the Executor:

After validating the will, the court formally appoints the executor named in the will or assigns one if none is named. The executor’s role is to oversee the management of the estate, including gathering and inventorying assets, resolving debts, and distributing assets. Depending on the size of the estate, this can take anywhere from 3 to 6 months.

4. Inventorying and Appraising Assets:

The executor must compile a detailed inventory of all assets, which may include real estate, financial accounts, and personal property. In some cases, professional appraisals may be necessary. The timeline for this phase depends on the complexity of the estate but generally lasts several months.

5. Notifying Creditors and Resolving Debts:

Once the assets are inventoried, creditors must be notified, and any outstanding debts or taxes must be paid. Creditors have a four-month period to file claims against the estate. If disputes or claims arise, this stage can extend the process further.

6. Distributing Assets to Beneficiaries:

After debts and taxes are resolved, the executor distributes the remaining assets according to the will’s instructions or Texas law if there is no will. This step usually happens within 6 to 12 months, though disputes among beneficiaries can extend the timeframe.

Factors that may cause delays in the Texas probate process include contested wills, unresolved creditor claims, difficulties in locating heirs, or disputes among beneficiaries.

Throughout the process, the probate court oversees the executor’s actions to ensure that the estate is handled in accordance with Texas law, providing protection for both the beneficiaries and the estate.

As your probate attorney, we are here to guide you through the entire process.

When navigating the probate process in Texas, several common questions and concerns often arise. Here’s a detailed look at the most frequently asked questions:

1. How Long Does Probate Take in Texas?

The probate process in Texas typically takes between 6 months to over a year, depending on the complexity of the estate, whether there are disputes, and how quickly creditors and taxes are resolved. Larger estates or contested wills may extend this timeline.

2. What Are the Costs Involved in the Probate Process?

The costs associated with probate in Texas vary but typically include court fees, attorney fees, executor fees, and costs for appraisals or settling debts. These expenses can range from a few thousand dollars to significantly more for larger or more complicated estates.

3. Can Probate Be Avoided?

Probate can sometimes be avoided by using estate planning tools like living trusts. In Texas, property placed in a living trust bypasses the probate process and is distributed directly to beneficiaries, saving time and expenses. Other methods include joint ownership of property or designating beneficiaries on financial accounts.

4. What Happens if Someone Dies Without a Will in Texas?

If someone dies without a will (intestate), Texas probate law dictates how the estate is divided among surviving family members. The estate is distributed according to Texas’ intestate succession laws, typically prioritizing spouses, children, and other close relatives. This process often requires probate court intervention to ensure assets are distributed according to the law.

Understanding these common concerns can help alleviate some of the uncertainty surrounding probate, especially when armed with guidance from an experienced probate attorney in Fort Worth.