Probate is the process by which a person’s estate is administered after they die. Having a will is the best way to ensure that you control the distribution of assets to your descendants. The will and probate process can seem complicated, time consuming and secretive. To ease the stress of the process, the Texas probate and guardianship attorneys at Ostrom Morris have answered the most frequently asked Texas probate questions. Click the questions below to read more detailed information.
If your loved one has left a will, Ostrom Morris can help you validate the will and honor their wishes. Probate is a very straightforward process, but the amount of work depends heavily on the circumstances surrounding your loved one’s estate.
During probate administration, either the court handles all the affairs – dependent administration- or assigns them to an estate administrator – independent administration. There are arguments for each style, and the Ostrom Morris legal professionals can help you choose.
Texas probate law is very specific about the statute of limitations that stipulate the time limits for probating a will. There may be alternatives for wills that have expired. The statute of limitations for a will is four years.
If you can’t find the will, are you out of luck? Not necessarily. There are considerations in the Texas probate code for a lost will. Read more about those steps and how to keep a will safe for the future.
The probate process starts with an experienced attorney, skilled at juggling all the moving parts of probate: wills, estate, beneficiaries, executors, and administrators. Ostrom Morris can be the helpful lead for your family, from filing with the court to distribution of assets. There are many facets to having a will probated, and is likely not something you want to experience alone.
Probate is the legal process that takes place after someone dies. If the decedent has a legal will in place, the probate court will verify the document and ensure the decedent’s wishes are followed. Without a last will and testament, the State of Texas controls the distribution of assets by the law in intestacy. Using the services of an experienced probate attorney can help your family move smoothly through probate in the weeks and months after the death of your loved one.
There is no requirement under the Texas probate law that specifies the use of an attorney to probate a will. There are numerous benefits to having an attorney be your family’s guide through probate proceedings, and a trained legal eye can be helpful to an estate of any size.
The Texas probate code has section dedicated to the process of contesting a will. There is a statue of limitations – 2 years – to contest a will. If you have reason to believe that a will should be questioned, see our four main reasons for contesting.