Probate

Probate is the legal procedure for settling a person’s estate after death. This process involves gathering the deceased’s assets, paying any debts and taxes, and distributing the remaining property to heirs or beneficiaries. An executor, named in the Will, or a court-appointed administrator manages the estate. Probate makes sure all legal steps are followed, ensuring the estate is handled properly.

Probate is usually needed when there are assets that must be distributed or debts that need to be paid. If there are disagreements among family members about how to divide the estate, probate provides a way to resolve those disputes. Because the process can be complicated, having an experienced attorney can help make everything go more smoothly.

When Probate Is Required

Probate is usually necessary in many situations:

• The deceased owned real estate or assets solely in their name, such as a house or investment accounts.
• There are debts or taxes that must be addressed before any distributions can be made.
• There is no Will, meaning the estate must be handled according to Texas intestate succession laws.
• Disputes arise regarding the validity of the Will or among family members over asset distribution.
• The estate involves significant financial assets, complex investments, or business interests.

Some assets, like jointly owned property or those with named beneficiaries, may bypass probate. However, most estates that include property, financial accounts, or other substantial assets must go through the process to resolve all legal and financial matters.

The Importance of a Probate Attorney

Navigating probate can be difficult, especially when complex assets, debts, or family disagreements are involved. A probate attorney helps manage the process in compliance with Texas law and ensures the proper handling of estate matters.

A probate attorney can assist with:

• Filing necessary documents with the court
• Titling real estate and personal property in a new name
• Validating and executing the Will
• Managing and distributing assets
• Helping the executor or administrator identify and collect assets
• Resolving creditor claims and disputes
• Handling tax matters
• Litigating contested Wills or estate disputes

Without legal guidance, the probate process can become time-consuming and overwhelming, especially for executors or administrators unfamiliar with Texas probate law.

What If There Is No Will?

When someone dies without a Will, their estate enters “intestate” probate. In these cases, Texas laws dictate how assets will be distributed, which can result in outcomes the deceased may not have intended. This process can be particularly complex, especially if there are multiple heirs, significant property, or family disputes. A probate attorney is essential in such situations to ensure the proper handling of the estate and resolution of any legal challenges.

Contact Springer & Lyle

The probate attorneys at Springer & Lyle have the experience to help you navigate the probate process, whether the estate is simple or involves complex legal issues. We offer affordable services, including flat fees for uncontested estates, to make the process easier during a difficult time. Call us today at 940-387-0404 to schedule a consultation and learn how we can help you manage the probate process with care and expertise.