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Texas Probate

Probate in the state of Texas nearly always requires the assistance of an attorney for individuals acting as the administrator of an estate.  Texas has 16 probate courts and permits jury trials. There are also separate courts within the state which have jurisdiction over estate cases but that do not allow for jury trials.  If your probate case requires that you Texas Probatego before a jury you should retain the services of an attorney.  It is absolutely vital to the success of your case that you find and hire a lawyer who is familiar with Texas probate law.

 

Probate Law in Texas

Probate involves the legal management of a decedent person's estate and assets. Probate law aids in determining who is owed what and ensures the protection of inheritance rights. The process can be rather lengthy and can average between a year and a half and two years.  If mistakes are made by the administrator or others along the way, the process can be stretched out even longer.  In Texas, an estate has four years to go through probate after the individual who wrote the will has died.  The only exception is if an individual failed to file as a beneficiary or creditor, due to no-fault of their own.  Potentially, the process can last up to four years. For persons who have been willed money, this can be an awfully longtime to wait to receive it.  Instead of holding off until the courts close out the probate case, some individuals take out a beneficiary loan. This type of advance allows benefactors to receive money in 3-5 days instead of waiting years for the probate to come to a close.

Because there are specific statutes that must be followed, papers that must be filed, information that must be compiled and presented to the court, it is very important that the individual who is acting as the administrator understand the probate laws in Texas. There is absolutely no way to get around this.  To protect themselves and the deceased person’s estate, it is a very good idea to hire a qualified probate lawyer.  Probate lawyers will take on the responsibility of drafting the necessary documents and files, submitting them on time and to the right persons.

 

Choosing a Qualified Texas Probate Attorney

Working with good probate lawyers who are well versed in Texas statutes which govern probate can be of great help to executors and beneficiaries, who may be grief stricken but still have to somehow gather the strength to ensure that their loved one’s or family member’s estate is properly taken care of and distributed. A good attorney can help ease this burden a great deal.

The administrator, in most cases, is either the decedent person's spouse. If there is no widow, then an adult child generally fills this role, but they have to be assigned by the courts. For beneficiaries and creditors, a poorly prepared administrator can cause the probate process to last much longer than necessary and consequently, can make an already unpleasant experience, even more so.

 

Probate Resources- Texas

 

Inheritance Taxes- Texas

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