The Probate And Estate Administration Process In Texas
If you are here to learn about Texas probate after the passing of a loved one, we first want to say that we are very sorry for your loss. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time.
With that said, probate in Texas is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate can also be necessary to:
- Prove the validity of the will
- Appoint someone to manage the estate (The “administrator” if there is no will, or the “executor” if there is one)
- Inventory and appraise the estate property
- Pay any debts or taxes (including estate taxes)
- Distribute the property as directed by the will – or by Texas law if there is no will
Getting Help: Choosing The Right Attorney For Your Probate Case
The best way to ensure your probate is done correctly is to choose your attorney wisely. Do not assume that all attorneys are the same. Do not choose a lawyer who does probate as a sideline. These lawyers often make mistakes, causing real problems for their clients, and their cases often take longer than those handled by experienced probate lawyers.
Also, you do not have to use the attorney who prepared the will. Just because a particular attorney prepared the will, does not mean that attorney must handle the probate, nor are they necessarily the right person for the job. You need to be comfortable with the attorney and confident that they are the right lawyer for you. Choosing your probate or trust lawyer is one of the most important decisions you will make. If you put in the time and effort to find the right lawyer, you will be rewarded with a skillful guide who will help you navigate the probate process.
Contact The Mundheim Firm For A Complimentary Post-Death Estate Review
If you are ready to get started with the probate process after the passing of a loved one, please contact our experienced probate attorneys at 817-857-4433 or schedule a complimentary 15-minute consultation to help determine your next best steps. We are here in service to make this all as easy as possible on you. You may also schedule a one-hour probate consultation.
During this appointment, we will answer all your questions about probate and guide you and your family through the next best steps. We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.
Trust And Estate Administration
When a loved one dies, it can be a confusing time in which you are in immense grief while also needing to make sure you handle all the technical details of locating assets, paying bills and making sure your loved one’s assets get to the right people, without conflict. We are here to help.
Whether your loved one created a trust to hold their assets or not, he or she did have assets (called the estate of the deceased) that must be handled with careful attention. It is critical that you work with a Personal Family Lawyer® who can help you do the right thing, minimize conflict and ensure the smoothest possible transfer of assets.
When someone creates a trust as part of their estate plan, they must name a trustee to ensure the trust’s terms are handled properly. These individuals must carry out all of the trust’s instructions, and they are legally responsible for doing so within the scope of federal and state law. Such duties are known as trust administration.
Serving in this capacity entails a huge level of responsibility and liability. Most people named as trustee will have limited, if any, background or experience in the legal and financial duties that come with administering a trust. The trust administration lawyers at The Mundheim Firm can work with the trustee to ensure the trust is administered properly and all legal requirements are satisfied.
If there is not a trust or if not all assets have been properly titled in the name of a trust that was created, we can help your family through the process of estate administration. This usually requires a court process called probate. If you are a beneficiary of an estate, an executor or a trustee, contact us for support in handling the transfer of your loved one’s assets as easily as possible.
Dependable Legal Help With Trust And Estate Administration
As your Personal Family Lawyer®, we work closely with the family, beneficiaries and other advisers to ensure the decedent’s assets are collected, debts are paid, and the remaining assets are distributed to the beneficiaries or heirs of the estate. Depending on the type of trust involved, assets may be distributed outright to the named beneficiaries, or they might be held in trust for the future benefit of the named beneficiaries. If there is no trust, assets will either be distributed outright to heirs, to will beneficiaries, to a guardian, or into the registry of the court until an heir reaches the age of majority.
During this time, we may also need to have appraisals of major assets completed in order to get a clear picture of what the decedent’s net worth was for estate tax purposes. Additionally, the title of trust or other estate assets may need to be changed to indicate new ownership by the named beneficiary outright or under a continuing trust.
All of this can be hugely complicated and time-consuming, but our trust and estate administration lawyers will transfer assets as quickly and smoothly as possible, resolve outstanding issues and ensure that everything occurs within the applicable legal deadlines.
Our Trust And Estate Administration Services
Below, we have outlined some of our most common trust and estate administration services. We can accomplish the following duties without unnecessary delay and with the utmost respect for your personal privacy and family relationships.
- Identification, collection and determination of values of assets
- Payment of all debts, expenses and taxes from estate and trust assets, with submission of regular accountings
- Advice as to disposition of jointly held assets, life insurance and retirement benefits that pass outside a will or trust
- Preparation of state and federal, generation-skipping transfer, and gift tax returns
- Notifying all heirs and beneficiaries of the trust or estate
- Communicating with beneficiaries
Our primary objective is to make this process as easy as possible for you and minimize the impact of going to court, while also keeping your family out of conflict.
Trust And Estate Administration Lawyers In Colleyville, Texas
No matter how complex the trust or estate administration process may be, the lawyers at The Mundheim Firm will guide you every step of the way. We will work closely with personal representatives, executors, beneficiaries and other fiduciaries to ensure the terms of the trust are carried out properly. At the same time, we will make the process as understandable and stress-free as possible for the trustee. Call us at 817-857-4433 to schedule your no-obligation legal consultation.