“Keith and his team were fantastic.”- Thomas M.
Parker County Probate Lawyer
When someone passes away, within weeks the will and trust of an estate are read to the presumed beneficiaries. This allows close members of the deceased to gather and organize the distribution of assets to beneficiaries. For example, in some cases, one person might inherit a car, while another person inherits a boat. If there is no will present, it creates a much more difficult process. Without a will to guide what the process should look like, there are additional steps you’ll need to navigate in order to authorize the distribution of assets.
Navigating Probate Without a Will
You’ll first need to appoint an administrator of the estate. This is usually the eldest offspring, but sometimes it can be a sibling or close friend of the deceased. Once an administrator is appointed, it is their job to obtain a copy of the death certificate. This is a very critical step – probate cannot take place without proof of death. After a death certificate is obtained, next on the order of operations will be the legal proceedings. This is where it’s wise to hire a probate lawyer.
For more information about the process and how a legal advisor can help, contact our Parker County probate lawyer today: (713) 636-5339.
Once you’ve hired a probate lawyer, you can rest assured that you’ll have professional guidance throughout every stage of the legal process ahead of you. The first step in this process will be to file for probate. A reputable lawyer will know exactly what to include when it comes to filing, which can greatly expedite the process. This is due to an attorney’s working knowledge of the court system and the type of language they can provide on official documents.
After your file for probate has been granted, the administrator will be able to start acting on their duties of organizing which beneficiary will receive certain assets and property. This can only be initiated on the date that is authorized by the court. In most instances, it’s usually a few weeks after the probate is filed. Finally, the administrator is approved by the court to distribute the assets. In turn, this will finalize the estate.
How Long Does Probate Take?
When it comes down to it, the entire process mentioned above can take anywhere from a couple of months to one year. It mainly depends on the complexity of the circumstances. For example, an administrator who files probate for someone who held a lot of assets will have a harder time organizing the estate. This is, of course, opposed to an administrator dealing with a small-scale estate where there are only a couple of assets to distribute.
How Long Do I Have to File Probate?
In Parker County, you have up to four years after the date of the death. However, you’ll want to act sooner rather than later given that assets can’t be legally distributed without the authorization of the court.
Do All Assets Require Probate?
No, when it comes to a person’s assets there are a few that don’t require probate. Most of these types of assets include financial accounts. Here are the three types of assets that don’t require probate in the state of Texas:
- Life insurance policies
- Retirement plans (401k, IRA, etc.)
- Pension plans
Find Your Estate Solution
Trying to navigate an estate without a will or an attorney is nearly impossible. This is why it’s so crucial to make sure you hire a reputable probate lawyer who can guide you every step of the way and assist you in organizing an estate.
At Keith Morris Attorney at Law, our Parker County probate lawyer comes with decades of experience in assisting families navigate probate without a will. Contact our team today to get started on your probate process.
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Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.
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If you call Keith Morris, he will personally pick up the phone and handle your case with the attention it deserves.
Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
Keith Morris is proud to be the litigator that takes on the most complicated and difficult cases to court and getting his clients optimal results.
With over 20 years of legal experience, Keith Morris has devoted his efforts to sharpening his skills in probate, trust, and estate planning and litigation.