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4.8 stars | 69 reviews
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4.8 stars | 69 reviews
Dealing with the Probate Court can be a hassle, but it can be navigated with guidance from our probate attorneys, whether you're in the proactive planning phase or are in crisis planning.
Probate can be a difficult and expensive process to go through. Even if your loved one passed away with a proper will in place, there are still many steps to take to make sure the estate is administered properly.
If you or a loved one is facing the distribution of an estate after death, our probate attorneys can walk you through the Probate and Estate Administration process and other options that can help avoid Probate Court.
Probate is a legal procedure in which a court recognizes a person's death and approves the initiation of that person's estate. This process occurs whether or not the deceased had a last will and testament when he/she passed away.
In the state of Texas, when someone dies with a valid will, assuming an administration is necessary, an application to probate the will must be filed in a court of jurisdiction, the will must be proven valid in court, and an executor must be appointed by the court.
Having the appropriate assets properly funded into a trust before you pass away can greatly help your loved ones avoid the costly and lengthy process of going through Probate Court.
In the state of Texas, when someone dies who had established a trust, the trust must be "administered" in order to pay for end-of-life expenses (if any) of the individual or trust, and to distribute the assets to the beneficiaries of the trust according to its applicable provisions.
Trust administrations can be differentiated from Probate administrations in that they do not involve courts or judges, the details of the process are not public record, and the process occurs in the privacy of an attorney's office.
Contact us to learn more about trust planning and how it might benefit your estate.
Aside from Trust Administration, there are several other alternatives to Probate that you can choose, depending on your situation. The best choice you can make for yourself and your family is to consult an attorney at Davidson Law Group to walk you through all of your options.
In basic terms, Probate is simply a legal procedure to distribute the assets of the deceased if there is no plan in place for assets to be distributed outside of the formal, government-supervised Probate process. Whether you are planning for what will happen to your property when you pass, or have the responsibility of overseeing a loved one’s estate distribution after they have passed, avoiding Probate proceedings is almost always preferable.
There are several vehicles that can be used to help avoid the costly and slow-moving process of Probate.