Probate

Probate Attorneys in Southlake

Helping Individuals and Families Through the Emotionally Challenging and Often Legally Complex Situations That Unfold During Probate Proceedings

There is a chance that, if you are reading this web page, you have recently lost a loved one or close family member and are looking for help in contending with the complexities of Texas probate law. First, let us express our sincerest condolences to you and the rest of your family for your loss during this difficult time. We hope to assist you throughout the legal process of distributing assets and closing your loved one’s estate, so you are not left burdened by questions or unforeseen challenges that leave you feeling unprepared.

When someone dies in Texas, whether they have an estate plan or not, there is a high likelihood that at least some of their surviving assets will go through probate. The probate process involves gathering estate assets, settling debts, paying necessary taxes, and distributing remaining assets and property to any beneficiaries or heirs. Texas has several types of probate, and you must understand which process you are likely to go through and which legal documents may be required. This process can be stressful and time-consuming, particularly if you do not have dedicated legal representation from experienced probate attorneys.

As your legal representatives, our North Texas law firm can assist you throughout the probate process and help you settle dates, resolve conflicts, and distribute the deceased person’s assets according to their wishes or according to state laws. We pride ourselves on providing compassionate probate services and approach each case with a focus on our clients and their unique needs. In addition to serving clients in Southlake, TX, we also represent their interests throughout Dallas, Fort Worth, Tarrant County, and beyond. Contact our law firm to discuss the benefits of retaining our professional legal counsel in your probate case today.

How Does the Texas Probate Process Work? 

When someone dies and leaves behind a comprehensive estate plan, that plan will establish their final wishes and how they hope to have their assets distributed to designated beneficiaries, including surviving family members, charitable organizations, and more. While some estate plan documents can help avoid probate, many assets must still go through probate proceedings, at which point it is essential to retain the professional legal services of attorneys well-versed in these practice areas.

At the beginning of the process, the probate court receives the application to begin legal proceedings and reviews it, provided such a will exists. After validating the will, creditors will be notified of the decedent’s death, and notices must be sent to any beneficiaries named in the will.

The estate executor is responsible for probate administration and will be required to inventory, appraise, and gather the deceased person’s assets at the next stage. After settling creditor claims and paying necessary taxes, the remaining assets will be distributed to the designated beneficiaries in accordance with the terms of the will.

In some cases, complications may arise that prolong probate proceedings or potentially grind things to a complete halt. Interested parties have the right to contest a will or engage in estate litigation. Whether you are looking to defend or challenge the existing will, we would be proud to represent your best interests in these matters.

Once all estate assets have been appropriately distributed, the estate executor or administrator closes the estate and ends the probate process.

What Happens if Someone Dies Without a Valid Legal Will?

Family members going through the probate court proceedings when a loved one passed away without a will may face many challenges, including potential disagreements, unintended or unexpected beneficiaries seeking inheritances, lengthy delays, higher court costs, and other complications. If at all possible, it’s highly recommended that you seek the legal assistance of an attorney for comprehensive estate planning services so that you can better prepare your family members and heirs for the possibility of your passing by simplifying probate matters by creating a will and other necessary documents.

 When someone dies without a will in Texas, their estate goes through the legal process known as intestate succession. In this process, state laws govern the distribution of assets to surviving family members. Probate courts oversee these legal proceedings. While the deceased individual may have wished for assets to be handled in a specific manner, if they did not put those wishes in a legally binding document, they may not be followed.

Under Texas intestacy laws, the estate is typically distributed to the closest relatives in a specific priority order, beginning with any surviving spouse or children. Other rules may also apply, such as Texas’s community property rules.

Do All of a Person’s Assets Pass Through Probate in North Texas? 

The value and type of assets held by the deceased estate largely determine the type of probate administration required in their case. Not all assets will be considered part of an estate, and some can potentially bypass probate proceedings.

Some of the assets that may not be considered part of the decedent’s estate can include the following:

  • Property in a living trust or other type of trust
  • Real property named in a transfer on death deed (TODD)
  • Bank account finances with payable on death clauses
  • Retirement accounts with beneficiary clauses
  • Specific life insurance proceeds
  • Jointly owned property with a right of survivorship

Even someone with property of significant value may still be able to avoid probate if that property is not considered part of their estate. An experienced probate lawyer can examine whether the deceased left significant assets and whether those assets were part of the estate. Please get in touch with our law firm to learn more about these and other legal issues. We are proud of our experience guiding clients through probate proceedings, including the instances where they can avoid probate when possible.

Do You Need Legal Assistance Handling Estate Administration Matters? 

If you have been named the executor in someone’s last will and testament or a relative died without a will, you may have specific legal obligations that require the attention of legal professionals. Our firm has years of experience representing estate executors and administrators through the probate court administration process.

The estate administration can be an especially challenging and daunting experience, one that comes with many duties and responsibilities, as well as significant liability risks. Those named as state executors can benefit from our probate services in many ways.

The estate administration services we provide include, but are not necessarily limited to, the following:

  • Admitting a will to court where it can be validated
  • Assistance in notifying creditors and beneficiaries
  • Helping estate executors prepare and file the inventory of estate assets
  • Processing valid creditor claims
  • Prepare the necessary estate tax returns
  • Legal assistance in formulating a plan to distribute assets to named beneficiaries
  • Defend you against any lawsuits that are filed by beneficiaries or creditors
  • And more

What Are Common Causes of Will Contests and Probate Litigation? 

There are many reasons why someone may wish to challenge a will or call out the conduct of an estate executor during the probate process.

Some of the common causes of will contests and estate litigation include the following:

  • The will was drafted later in life and left all assets to one specific beneficiary.
  • The belief that the will was drafted at a time of a lack of mental capacity, such as instances of dementia or serious illness.
  • Two versions of a will exist, casting doubt on the deceased’s final wishes.
  • Accusations that individuals may have used the will to exclude an intended beneficiary from inheriting assets.
  • Allegations that the executor has failed in their duties, refuses to answer questions, will not share vital information, or has otherwise mishandled financial accounts and other estate funds.

Whether you are looking to contest a will in probate or the executor seeking to defend themselves and the estate against lawsuits or litigation, our firm stands ready to represent your interests with a client-centered approach to the facts and your specific goals.

Contact Our Law Office to Schedule Your Free Consultation with Our Estate Planning, Family Law, and Probate Lawyers in Southlake, TX, Today

Some probate cases are more complex than others, such as those involving significant assets, business interests, or those that follow a divorce in which the estate planning documents have not been updated to reflect changes in family dynamics. If you are going through a complex situation or any other probate proceedings, our attorneys are here to provide dedicated legal representation with a steadfast focus on your unique needs.

To learn more about the benefits of retaining our professional legal counsel, contact our experienced probate lawyers to schedule your free initial consultation today. Every case review comes with zero obligation to retain our legal services, allowing you to make the decision that best suits your interests.

Please contact us by calling our North Texas law office at 214-238-9188.