Our probate services include:
Testate Probate
Testate Probate is the legal process of distributing assets of a deceased loved one with a valid will in place. This allows the court to recognize the will and authorize the executor to manage and distribute the deceased person’s estate according to the terms specified in the will.
Even if all beneficiaries agree on how to distribute and sell the decedent’s assets, they usually will not be able to close mutual funds, sell real estate, or gain access to bank accounts without someone being appointed executor.
Testate probate helps define the process of properly managing assets when a loved one passes and provides the following benefits:
- Legally empowers the executor to act on behalf of the deceased.
- Ensures assets are distributed according to the deceased’s wishes.
- Confirms the will’s validity, preventing future disputes.
Intestate Probate
Intestate Probate is the legal process of distributing assets of a deceased loved one without a valid will in place. If no will is present, state law determines who inherits the estate. The probate court then appoints an administrator to manage and distribute the assets.
A probate attorney can help you through this difficult process by filing a petition for the determination of heirship. This helps the court determine the legal hers and appoint an administrator to manage the distribution of the estate.
The following individuals may file for determination of heirship in Texas:
- Spouse
- Children
- Parents
- Siblings
- Other Relatives
- Creditors
Muniment of Title
Intestate Probate is the legal process of distributing assets of a deceased loved one A Muniment of Title is a simplified probate process used to validate a will and transfer ownership of property, typically when the only assets are a home or a small bank account and there are no debts.It provides a quicker, less complicated probate process, allowing for faster transfer of property.
For the court to allow a Muniment of Title, the following requirements must be met:
- The decedent must have left a valid will.
- There must be no debts due and owing by the estate (or the only debts that are owed are secured by liens on real estate).
- There must be no need for formal administration.
Small Estate Affidavit
A Small Estate Affidavit is a legal document used to collect small amounts of money owed to an estate, such as a small bank account, or to transfer the title of homestead property after someone dies without a will.It provides a streamlined process that allows for quicker access to assets.
For the court to approve such an affidavit, the following requirements must be met:
- The decedent must have died without a will.
- The assets of the estate, exclusive of homestead and exempt property, must exceed the known liabilities of said estate.
- No petition for the appointment of a personal representative may be pending or have been granted.
- Thirty days must have elapsed since the death of the decedent.
- The value of the entire assets of the estate, not including homestead and exempt property, must not exceed $75,000.
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