LOSING A LOVED ONE IS NEVER EASY.
We understand.
That is why our firm is dedicated to guiding you through the probate process kindly and compassionately. Our mission is to make sure that the probate process is as manageable as possible for you and your family. We want to take care of you so that you can guide your family through the grieving and transition process.
Probate can be complex.
In simple terms, probate is the process in which the Court recognizes a person’s death and oversees any debt payments to the deceased person’s creditors, as well as the division of property to the deceased person’s beneficiaries. And if the person who passed away had minor children, a guardianship proceeding may also be initiated.
So where do we begin?
If your loved one has passed away, simply contact our firm for guidance on next steps. We can help you get informed on the probate process and help you identify the potential executor of your loved one’s estate. If you know of, or are in possession of, your loved one’s will, the best thing to do is contact the executor listed in the Will so that they may begin the process. With or without a Will, we can assist in identifying what your next steps should be and help minimize your costs and time in the probate court.
Get Informed
What is "Probate"?
Probate is the process in which the Court recognizes a person’s death. During the probate process, the court oversees any debt payments to the deceased’s creditors, as well as the division of property to the deceased’s beneficiaries.
The probate process is complex. Going through the probate process on your own can be intimidating and will require knowledge of legal terminology as well as knowledge of Texas probate law. You’ll need an experienced attorney to help. That’s what we are here for. If it is necessary to go through the probate process, we will compassionately walk you through the process to make sure everything is done correctly.
To learn more the probate process in Texas, check out this article from our blog.
My loved one had a will.
If your loved one had a Will, distributing their assets to the right beneficiaries is quicker and less expensive than if your loved died without a Will. It’s important to find the original Will and read it to see who your loved one wanted to be in charge of their estate. That person is typically called the “executor.” The executor will be responsible for making sure your loved one’s debts are paid and that their property is divided according to their wishes.
If your loved one had a Will, the executor may not be required to go through the formal probate process. Either way, it is important to speak to an experienced attorney who can help you determine what kind of proceeding would best serve your loved one’s estate and where to begin.
To learn more the probate process in Texas, check out this article from our blog.
My loved-one did NOT have a will.
When someone passes away without a Will, they are considered to have died “intestate“.
If your loved one passed away intestate, then Texas law will dictate how your loved one’s assets will be distributed. Unfortunately, that means that no matter what your loved one stated during their lifetime, if they did not put their wishes down in a valid Will, the court will have to follow Texas distribution laws.
The probate process is complex, especially if the person died without a valid will. If your loved one died intestate, it is important to speak to an experienced attorney. We are here to compassionately walk you through the process.
To learn more about intestate distribution laws in Texas, check out this article from our blog.
How Do I Know if my Loved One had a Will?
There are a few ways to find out whether your loved one had a Will or Estate Plan in place:
Search their Home. If you believe a will exists, look EVERYWHERE. The freezer. Filing cabinets. Safe. Boxes. Piles of papers in the home office. While searching, set aside any business cards, letters or bills from any law firm. You may need to contact those firms to find out if they drafted a will for your loved one.
Ask their Attorney. If your loved one had a Will drafted by an attorney, that attorney might have the original or a copy. If you don’t know the attorney your loved one would’ve contacted, search through bank or credit card statements to see if there are payments to a law firm. If you know the name of the attorney but don’t have contact information, contact the state bar association or search for the attorney’s website.
Ask the Court. Contact the probate courts of EACH county your loved one lived in throughout their adult life and ask if they have a will on file—even if it was filed many years ago. Your loved one may have filed it with the court and then moved away.
Ask the likely Executor. Your loved one probably nominated a spouse, child, or close friend to serve as executor. That person should know the will’s location and will contact you, if required to do so. If you do find your loved one’s will, contact the executor and/or an attorney to properly handle the estate.