Houston & Fort Worth Probate Administration & Litigation Lawyers

Get the Assistance You Need

If you have a family member who has passed away and need legal guidance in the probate administration or litigation of the estate, we recommend that you turn to attorneys Keith Morris & Stacy Kelly. We have concentrated a large portion of our practice in this field; we have decades worth of experience routinely handling probate administration matters in and around the Houston and Fort Worth areas. We have also handled many probate litigation cases in which disputes have arisen between interested parties to an estate that needed to be brought before a probate judge to be resolved.

Contact our probate administration and litigation attorneys at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth to book a consultation about your probate case.

Probate Administration in Texas

Starting the probate process can be a simple step but handling all of the steps involved can be complex. It pays to have a knowledgeable probate attorney in your corner to give you the advice and assistance you need to facilitate and expedite the process. Our attorneys can educate you on what will be required and what it takes to adhere to the Texas Probate Code.

The probate process can include but is not limited to:

• Submitting the will to the court so that it can be verified
• Attending hearings, such as providing proof that validates your family member’s death
• Identifying any creditors, giving them notice of the death, and contacting them
• Notifying all estate beneficiaries
• Identifying and getting appraisals for the property and assets
• Paying any taxes or other debts owed by the estate
• Distributing assets and property to the heirs and beneficiaries

In sum, the probate process is the way in which the court recognizes the death of the person who owned the estate and it authorizes another to handle its administration. Once the initial filing occurs to the court, it is followed by a court hearing on the probate application approximately two weeks later. During the two week lag, a notice is posted by the county clerk informing the public of the probate application. Absent any protect, the probate proceedings will ensue in which the will is verified and the estate is administered.

How to Probate a Will in Texas

There are 8 steps to the probate process in Texas, they include:

Step 1: Filing

An application for probate must be filed with the proper Texas probate court in the county where the decedent resided.

Step 2: Posting

After the probate application is filed, there will be approximately a two week waiting period before a hearing is held for the application. During this time, the county clerk will post a notice at the courthouse to notify anyone who may contest the will or administration of the estate.

Step 3: Will Validation

After the waiting period, a Texas probate judge will verify that the decedent had a valid will or that there was no will, and finally appoint an administrator or verify the person named as executor.

Step 4: Cataloging Assets

After an executor or administrator is named to the estate, that person must catalog and report to the county clerk all the assets held by the estate within 90 days after appointment.

Step 5: Beneficiaries Identified

If the decedent had a valid will, the executor will notify beneficiaries of the estate. If no was filed, the probate court in Texas must determine heirship.

Step 6 Notifying Creditors

Decedents usually leave behind debts. These must be resolved out of their estate. Creditors are notified of the decedent’s death by the estate’s executor and given the opportunity to file claims against the estate.

Step 7: Resolving Disputes

The estate cannot be finalized if family members or other potential beneficiaries are contesting a will in Texas or if they file related grievances. These disputes must be heard by a probate court judge. In the state of Texas, contesting a will must be done within two years after the original probate.

Step 8: Distributing Assets

After the debts are resolved and disputes cleared up, remaining assets are then distributed to the beneficiaries.

Probate Litigation

Probate litigation generally revolves around the issues of contesting a will or having an individual die without a will, which is known as “intestacy.” With a valid will in effect, the state is given the control to determine the distribution of the estate property. In these latter cases, Texas rules are strict. In some cases, beneficiaries may not get their fair share of the assets and thus will need a probate litigation lawyer to help them. In the matter of contesting a will, family members can do this by asserting various problems with the will, such as that it was signed improperly, was subject to outside pressure seeking favoritism, was fraudulent, or that the deceased person lack mental capacity. Our firm is prepared to represent you in any will contest to ensure that your legal rights are pursued and upheld.

Ready to discuss your probate matter? Call Keith Morris & Stacy Kelly at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today.