Texas Estate Plans and Probate – Hire a Lawyer
By Space Coast Daily // April 25, 2022
Probate is the process of administering a decedent’s estate. While probate in Texas is necessary for some estates, you may want to avoid it when you can. There are a few things you should know about Texas probate law before you begin the process. There are many ways to avoid probate, including avoiding the court’s involvement. For instance, you can avoid probate if you only have a small estate and can take care of the administrative details yourself.
During the probate process, an executor must prepare an inventory of the decedent’s property within 90 days after the appointment. The executor should try to determine how much the estate is worth, and should avoid filing an inventory in the county clerk’s office.
However, Texas allows executors to avoid this step by providing the inventory to beneficiaries, and they must waive the right to file it in the public record. This waiver must be recorded and filed with the court.
Important Step in Your Estate Planning Process:
Probate in Texas is an important step in your estate planning process, as it requires the appointment of a probate court. Although most people won’t have to go through probate, it is a good idea to address the possibility of incapacity in advance by completing advance directives and powers of attorney.
Certain types of trusts can also help avoid the need for probate in Texas. The executor may also file claims against the estate to protect the interests of the beneficiaries.
After the deceased person dies, the probate court oversees the distribution of the estate and the distribution of the remaining property. A Texas probate attorney is best suited to handle the process. Whether you plan to handle the probate yourself or hire a lawyer, you will want to make sure that the process goes smoothly. You must understand the process so that you can ensure that your loved one’s loved ones receive their proper share of the estate.
Although probate in Texas can be complicated, it is generally easy and inexpensive. However, the process is long and confusing, and many people want to avoid it to spare their family the pain and headaches. Different states have different laws that can help you avoid probate. For example, if you plan to die without a will, you can name beneficiaries of your accounts, designate a beneficiary of your trust, or create a living trust to transfer assets after your death.
Heirship:
If your estate is large enough, it can be difficult to identify the heirs. This is because determining heirship is complex in Texas. Community property is divided between the surviving spouse and the children, while separate property is handled through a separate statute. If you are married with children, the only way to avoid probate is to create a right of survivorship agreement with the court of your home state. In addition to avoiding probate, a right of survivorship agreement must be filed with the county court of record.
Once a will is signed, the executor must notify certain groups, including beneficiaries, creditors, and the public, about the will. Generally, the probate court will notify interested parties within 10 days of the will filing, but this period can be extended for various reasons. This way, you can avoid probate court fees and other costs. You should also consider the benefits of hiring a lawyer to handle your case. And remember that in the end, probate is a necessary evil for the surviving family members, too.
If your will was valid, your executor will notify the beneficiaries. If not, you may need to file a proceeding in Texas probate court to determine who is entitled to the property. However, most decedents leave behind debts that must be paid from the estate. Depending on the nature of the debts, the executor will need to send notices to creditors to determine whether they can file claims against the estate. These notices must be posted in local newspapers to give creditors ample time to resolve their claims.
Even though Texas’ probate courts are not as complicated, they are still a complex process. The rules, deadlines, and requirements can be confusing. If you are unfamiliar with Texas probate, it is best to hire a lawyer to help you navigate the process. There are many advantages of hiring a probate lawyer, including getting a free consultation.
