Probate Lawyers in Houston, Texas

When a loved one passes away, there are many decisions to be made, and one of the most important processes is probate. If you're involved in administering an estate or managing the affairs of a loved one who has passed, you’ll likely encounter probate. 

As probate lawyers in Houston, Texas, Webb & Associates works with families to guide them through this process and make it as straightforward as possible. We'll explain what probate is, how it works in Texas, and what you can expect during this process. 

What Is Probate?

Probate is the legal process that happens after someone passes away. It’s how a court verifies the validity of the deceased person's will (if one exists), appoints an executor or personal representative, and makes sure the estate’s debts are paid and assets are distributed according to the will or Texas law. In Texas, probate typically involves five key steps:

1. Filing the will: If the deceased person had a will, it must be filed with the probate court. The court will review the will to make sure it’s valid.

2. Appointment of executor or administrator: If there’s a valid will, the executor named in the will is appointed by the court. If there’s no will, the court will appoint an administrator to handle the estate.

3. Inventory of the estate: The executor or administrator will create a list of all the deceased person's assets, including property, bank accounts, investments, and personal items.

4. Paying debts and taxes: The estate must pay any outstanding debts, including taxes. This might include funeral costs, credit card bills, loans, or medical expenses.

5. Distributing assets: Once debts and taxes are settled, the remaining assets will be distributed to the beneficiaries as outlined in the will, or in accordance with Texas law if no will exists.

As probate lawyers, we often help clients understand how to begin the process and what steps to take. While the process may seem long or complicated, it’s designed to protect both the deceased person’s wishes and the interests of their loved ones.

Why Does Probate Matter?

Probate serves a critical function by providing a legally recognized way to manage a deceased person’s estate. It guarantees that debts are paid, assets are properly distributed, and the wishes of the decedent are respected. The main reasons probate matters include:

• Clarifying ownership: Probate helps confirm who owns what in the estate. It allows for the proper transfer of ownership of assets, from property to investments.

• Debt settlement: The probate process allows the deceased’s debts to be paid before any assets are distributed. This helps make sure creditors are properly addressed.

• Finalizing the will: If there’s a will, probate provides a clear, legal pathway to enforce its provisions. If there's no will, probate allows the court to decide who will inherit the estate.

• Providing legal protection: Probate helps prevent challenges to the will by giving heirs and beneficiaries an opportunity to contest the will if they believe there’s an issue with its validity.

Having a probate lawyer involved can help make sure that everything is done according to Texas law and that you’re following the correct steps throughout the process.

When Does Probate Happen?

Probate typically happens when someone passes away, but not all estates require formal probate. In some cases, a smaller estate can qualify for simplified probate procedures, or the estate may even avoid probate entirely if certain legal conditions are met. For example:

• Small estates: In Texas, if the estate is valued at $75,000 or less, it may qualify for a simplified process called “small estate affidavit” which allows the beneficiaries to transfer assets without a formal probate procedure.

• Joint ownership or beneficiary designations: If assets were jointly owned or have designated beneficiaries, such as life insurance or retirement accounts, those assets might pass outside of probate.

In some cases, the court may determine that formal probate is unnecessary, or that a simplified version of probate can be used to settle the estate. As probate lawyers, we can help you determine whether probate is necessary in your situation and what options are available.

The Probate Process in Texas

The probate process in Texas can vary depending on the intricacies of the estate and whether there’s a valid will. However, the typical steps of probate include:

1. Filing the will and petitioning the court: To start probate, the will (if there is one) is filed with the probate court, along with a petition to initiate the process. The court will then review the will and appoint an executor.

2. Appointing an executor: If the will names an executor, that person is appointed by the court to oversee the estate. If no executor is named, the court will appoint an administrator. The executor or administrator is responsible for managing the estate and carrying out the decedent's wishes.

3. Notifying creditors: The executor is required to notify creditors and publish a notice in a local newspaper to allow any creditors to make claims against the estate.

4. Inventory and appraisal: The executor or administrator will create an inventory of all estate assets and may need to have these assets appraised. This step makes sure that everything is accounted for.

5. Paying debts and taxes: Once assets are inventoried, the executor or administrator uses estate funds to pay debts and taxes. This may include funeral expenses, medical bills, and outstanding loans.

6. Distributing assets: After all debts are paid, the remaining assets are distributed to the beneficiaries according to the will or Texas law if there’s no will.

While the process can take time, probate lawyers help move things along efficiently. We help you stay on track, meet deadlines, and address any legal issues that might arise.

Common Misconceptions About Probate

There are many myths and misunderstandings about probate, and it’s essential to clear them up so you can approach the process with a full understanding. Some common misconceptions include:

• Probate is always expensive: While probate does involve fees and costs, it’s often not as expensive as people think. The costs can be managed, and sometimes a simpler probate process may apply.

• Probate takes years: In some cases, probate can take a long time, but most estates are settled within 6 to 12 months. The timeline can vary based on the size of the estate and any complications that arise.

• Probate can be avoided by creating a trust: While trusts can help avoid probate, not everyone needs one. Many people can settle their estate using a simple will and avoid the added intricacies of a trust.

• If there’s a will, probate isn’t necessary: Even if there’s a will, probate is still necessary to validate the will and transfer assets legally.

As probate lawyers, we’re here to provide clarity and help you make informed decisions.

Reach Out to Our Firm

If you're involved in probate in Texas, working with experienced probate lawyers can make the process smoother and more manageable. Located in Houston, Texas, Webb & Associates serves clients throughout the surrounding area including Harris County, Fort Bend County, Waller County, Brazoria County, Galveston County, Sugar Land, Katy, and Cypress. Contact us today.