garden ridge probate lawyer

We are committed to providing attentive and reliable legal representation to clients in Comal County and throughout South Texas from our San Antonio office. If you are interested in learning more about how we can help you or if you are currently involved in a probate dispute in Garden Ridge, please contact our law office in San Antonio today. Initial consultations are completely confidential.

understanding probate in texas

Probate is the legal process through which a person’s estate is settled. As described by the Texas State Law Library, a probate court oversees the verification of a deceased individual’s will, the paying off of their debts, and distribution of their property. In other words, during probate, a judge will make sure that a will is legitimate and then appoint an executor to carry out the specific instructions contained within a will.

If there is no will, then probate becomes more complicated. Still, even without a will, probate is necessary. A deceased person’s assets and liabilities will be handled using the procedures set forth by Texas state law. If you have questions or concerns about probate, our Southern Texas probate law attorneys from San Antonio are more than happy to help.

the probate process with a will

The first step of probate in Texas is to determine whether or not a valid will exists. When there is a will, it must be filed with the proper probate court. Our Texas probate lawyers will help you confirm the validity of the will and file an application with the appropriate court. Once that application is filed, the court will post a notice and the will can be probated.

In most cases, a probate hearing should be scheduled within a few weeks of the initial filing. During that hearing, an executor is appointed. A properly drafted will should select a trustworthy executor. That individual must appear at the initial probate hearing so that they can take a legal oath and assume the duties of administering the will.

The executor is responsible for notifying all relevant creditors and identifying assets. A full inventory of assets covered by the will must be submitted to the probate court. Once the inventory is confirmed, creditors can be dealt with and assets can be transferred to beneficiaries.

Going through probate can be stressful, intimidating, and sometimes overwhelming. Our firm proudly serves clients in Garden Ridge from our San Antonio office to make sure that your rights and interests are protected. Should any issues arise, we are always ready to take immediate action to help you find the best solution.

the probate process without a will

If your loved one passed away without a will, their estate will be handled under the Texas intestate succession rules (Texas Estate Code § 201.001). To be clear, you still need to go through the probate process even if there is no will in place. Of course, the process will be a little different. When there is no will, the probate court is tasked with determining exactly what assets are owned by the deceased and who their heirs are under Texas law.

When we represent clients in probate cases where there is no will, our probate lawyers typically file a legal document called an ‘Application to Determine Heirship’. How heirs will be determined depends on the specific nature of the case. In some circumstances, a non-judicial affidavit can be used to verify heirship. When possible, this is the most efficient option. Though, for more complicated estates, formal administration may be required.

If your close loved one died without a valid will, you may be left dealing with a lot of questions. Our probate law attorneys are here to help you navigate your probate case whether you’re in Garden Ridge or the surrounding areas from our San Antonio office. We have extensive experience representing clients in the full range of probate cases, and we are more than happy to explain your rights, your options, and guide you through the legal process.