Guide to Finding Texas Probate Lawyer

What is a Texas Probate Lawyer?

A Texas probate lawyer is certified to provide legal assistance in handling the final procedures of a will. A Texas probate lawyer can also help someone write a living will, but that job is usually left up to estate lawyers. A Texas probate lawyer can help with inheritance rights, the proper and complicated probate procedure, and the legalities involved in foreign wills.

The probate process can either go smoothly, or it can be stressful for both a family and the attorney. If a will is well formatted with specific instructions prior to the person’s death—and that person has discussed the conditions of the will with family members—the probate process will usually go quite smoothly after the person passes away.

Oppositely, the probate process can be stressful and bring trouble within a family. If specifications weren’t clearly established in a will prior to a person’s death, there is a long and formal process under Texas law of how to split up possessions. The state of TX has very specific laws regarding probate procedures, and the state’s laws layout procedures for every type of circumstance a family may undergo with a will after a relative’s death.

How do I find a Texas Probate Lawyer?

There are multiple resources to help you find a qualified and well known Texas probate lawyer. Firstly, many lawyer associations within the state of Texas and around major metropolis areas have Probate, Trusts & Wills section. These lawyers belong to large associations with large common interests, but the individual lawyers specialize in their own kind of law.

Other valuable resources for finding the appropriate Texas probate lawyer are your friends and peers. If details were left out of a will, you may want to ask a friend or peer if they know anyone in their family that has gone through a similar situation. They may be able to refer you to a well known attorney in Texas who handles discrepancies within wills with ease.

Otherwise, if a relative’s will was clearly defined by an experienced probate or estate lawyer, you should have no problem finding a Texas probate lawyer. The same Texas probate lawyer who helps a person with a will generally helps the family at the time of the relative’s death. This scenario makes the job of an estate or TX probate lawyer one of the hardest in the profession because it takes them a long time to build up a large clientele. However, once they develop the large clientele, they are guaranteed business later down the road because they will ultimately have to help with the probate process.

Probate Laws and Procedure in Texas

As mentioned above, the state of Texas has unique laws concerning probate procedures. There are laws concerning rights to inheritance and laws concerning where the probate process must occur. The following laws fall below.

Texas Probate Lawyer : Right to Inherit in Texas

1) The right to inheritance shall not pass to any other person besides the children or lineal descendants of the intestate unless the intestate is alive and specifies otherwise.

2) If the inheritance passes to the kindred of the intestate, a half blood relative shall only inherit half as much as a whole blood relative.

3) An inheritor will forfeit the estate if they are convicted of trying to obtain a life insurance policy by reason of accomplice in bringing about unnatural death to the insured.

TX Probate Lawyer : Inheritance Rights of Children in TX

There are two types of inheritance in the United States and Texas: maternal inheritance and paternal inheritance.

TX Probate Lawyer : Maternal Inheritance

A child seeking inheritance is the child of his or her biological or adopted mother. He or she can inherit from descendants and ascendants of all degrees, and they can inherit from him or her as well.

TX Probate Lawyer : Paternal Inheritance

A child seeking inheritance is the child of his or her biological father or ordered by the court his adopted child. He or she can inherit from descendants and ascendants of all degrees, and they can inherit from him or her as well.

TX Probate Lawyer : Probate Procedure

The probate procedure is extremely detailed in the state of Texas, and you should have you Texas probate lawyer specify every step along the way. The following information outlines the general procedures for probate:

1) The probate petition must be filed with the Statutory Probate Court or County Court.

2) All applications must be filed within four years after the death of the intestate.

3) After the completion of hearing the application for the probate of the will, and if the Court is satisfied with the conditions, the will can move into probate.

4) The written will shall remain in the custody of the county clerk unless a court mandates the will’s removal.

5) An application for probate must contain the following:

• the name and address of each applicant

• the name, age, and address of the deceased, as well as the reason, time, and place of death

• facts showing the court has possession of the will

• descriptions of the property owned by the deceased, and a list of approximated values

• the date of the will

• the names of blood and adopted children surviving the decedent

• evidence that there are no unpaid debts

• evidence of whether the deceased was ever divorced, and if so, the name and when they were married

• whether the state or organization is named in the will as the devisee

6) The notice of the court hearing must be published in the newspaper in Texas and mailed to everyone in the will

7) If there are no objections, the court will then elect an administrator and the person will immediately file letters of testamentary

8) The executor takes possession of all assets

9) The executor accounts inventory and value

10) The executor gives proper notice to creditors and accepts or rejects claims

11) The executor will sell the amount of property in order to eliminate debts

12) The executor files petition for the accounting and final distribution

13) The executor mails notices for people to attend final hearing date

14) The judge then signs the judgment of the final distribution on the final hearing

15) The final assets are distributed and the court closes the case

The above steps are unique to Texas, and other states may have different procedures. If you have any questions about the probate process, you should talk to an appropriate attorney.