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Probate & Heirship

The probate process will can be difficult to navigate. Depending upon whether your loved one died with or without a will, will determine which steps you need to take first. 

If they passed without a will, you must follow the heirship process. If your loved one passed with a will, you will follow the probate process and request the court provide you with Letters of Testamentary. 

What is probate?

Probate is the process of admitting your loved one’s will into the court’s record and requesting Letters of Testamentary, which give you the authority to handle all matters in the estate. 

Probating a will

To probate a will in Texas, you must provide the court the original will. The court will grant the Executor of the Will the authority to: collect and distribute assets, settling and/or paying debts or claims, and distributing the net proceeds to the beneficiaries of the estate. 

How to avoid probate in Texas

You can avoid the probate process by leaving all your property in a trust. For more questions on Trusts, please visit our Trust page or call us for more details. 

speak with an experienced and compassionate probate attorney

Our Estate Planning attorneys can guide you to best plan for you and your family. Our attorneys can assist you through the planning process or through the probate process. Let us help you understand your options. 

Frequently asked questions about probates

Depending on the size of the estate, not all matters must be handled through probate. 

You can submit an Application to Determine Heirship and request the authority to wrap up your loved one’s estate. 

A Small Estate Affidavit is a way to transfer property to one’s heirs. A Small Estate Affidavit can be used if the estate is less than $75,000.00 in property, not including the homestead. 

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