The death of a loved one is understandably emotional. During this difficult time, it can feel overwhelming to figure out how to take care of the aftermath in the probate process. If you find yourself seeking assistance in the Houston probate process, a Houston probate litigation lawyer from Porter Law Firm is here to help.
Our firm has over 15 years of experience assisting clients on how to make sure the memory of their deceased loved one is honored. Whether you are the executor or simply a beneficiary of the will, we will provide you with legal guidance and help file the necessary paperwork to properly secure and protect the remaining assets.
Don’t hesitate to reach out. Call Porter Law Firm today and learn how our Houston probate administration attorneys can assist you.
How Porter Law Firm Can Help You in Houston Probate Administration
At Porter Law Firm, we understand the sentimental and financial value of your deceased’s remaining assets. Our team of attorneys will make sure your deceased’s wishes are kept and no outside party threatens those requests.
- We have over 15 years of experience helping clients through the probate process in Houston.
- Our attorneys understand the complexities involved and the potential issues that may arise.
- Our client’s best interests are always at the center of our decision-making and guide everything that we do.
Probate Process in Houston Probate Administration
In Texas, there are specific laws that govern the Houston probate administration process. This is outlined in Texas Estates Code § 256.001:
“APPLICATION FOR PROBATE OF WILL GENERALLY. (a) A will may be admitted to probate if:
(1) the court has jurisdiction and venue over the estate; (2) citation has been served and returned in the manner and for the period required by this title; and (3) the applicant has complied with the requirements of this title. (b) An application for the probate of a written will must state: (1) the name and domicile of each applicant; (2) the name, age, marital status, and address, if known, and the date and place of death of the testator, as well as the testator’s domicile, if known, at the time of death; (3) the fact, date, and place of execution of the will; (4) the name, state of residence, and physical address where service can be had of the executor named in the will; (5) the names and addresses, if known, of subscribing witnesses to the will; and (6) whether a child born or adopted after the execution of the will survived the decedent and the name of each such child, if any and if known.”
The beginning of the probate process begins with the filing of an application in the appropriate Houston probate courts. The application should include information on the deceased, a copy of the will (if one exists), and a statement of intestate succession (if no will exists). Any interested parties, including heirs and creditors, should be properly notified as outlined by the applicable Houston probate laws. The court will appoint an executor according to the will. If a will does not exist or if the named executor cannot administer the will, the court will appoint an administrator. The executor or administrator is responsible for inventorying the estate’s assets and debts to submit to the probate court for review.
Probate Courts in Houston Probate Administration
Probate courts are specifically appointed to manage the legal aftermath following the death or incapacity of individuals. Their typical functions include validating wills, appointing executors, resolving disputes, and supervising the distribution of assets. Houston probate courts follow the laws and procedures outlined in the Texas Estates Code.
The point of the probate is to allow for the system of handling the matters of the deceased to occur in an efficient manner. If there are no disputes and the will is agreed upon by heirs, the probate court will typically allow for what’s known as an independent administration. In an independent administration, there are fewer court filings and the court will allow for the distribution of assets to occur with little to minimal supervision. If there are contested opinions, the court will require approval for almost every action in the exchange or distribution of assets.
How a Probate Administration Lawyer Assists in Houston Probate Administration
The stakes of losing ownership of the deceased assets can be huge. To avoid mistakes or delays, a probate administration lawyer in Houston can be crucial. Disputes can be avoided with adequate notice and proper filing with the Houston probate courts according to the Texas Estates Code. Some ways that a Houston probate administration lawyer can be valuable include:
- Guiding Executors and Administrators: Having the responsibility of administering a trust can be complicated and a hefty responsibility, especially if you already have a full-time job. Houston probate administration lawyers are familiar with the process and can advise on establishing rightful heirs and the rest of the probate process. A Houston probate dispute attorney can help executors resolve conflicts over rightful heirs and navigate contested probate proceedings.
- Proving the Validity of the Will: There are specific laws for attestation that are required for a will to be considered valid. If you are facing challenges to the will, a Houston probate administration lawyer will work with the courts to prove its validity. This includes if the executor is challenged for undue influence.
- Resolving Any Creditor Claims: Creditors are required to be properly notified so any valid debts are settled according to law. Houston probate lawyers will publish the required notice and negotiate with any creditors claiming the settling of outstanding debt.
- Managing Any Tax Liabilities: High-value estates require proper transfer in compliance with legal requirements. A Houston probate lawyer can advise on the sale of any businesses to minimize tax liability and assist with the transfer without triggering penalties.
- Dispute Resolution: If disputes arise, the Houston probate attorney can assist the administrator in properly navigating how to manage the disputes and remain in compliance with their fiduciary duties.
Contact Our Houston Probate Administration Attorneys Today
Probate administration can seem daunting. If you have been appointed to be an administrator or executor, our Houston probate administration attorneys are ready to help you in your duties. At Porter Law Firm, we bring the knowledge of the Texas Estates Code and experience in administering wills that will assure the process. We’ll fight off creditors and advise on tax implications. Don’t leave things up to chance. Contact Our Houston probate administration lawyers today so you can breathe a sigh of relief knowing that we’re in your corner throughout the entire process. Call us today at (713) 621-0700 or fill out the form to schedule your consultation.