Let us be your guide.
Our attorneys represent those persons in charge of handling things after someone dies. We understand how overwhelming it can be and will work with you to understand your role and what needs to be done.
Below are some of the most common questions regarding the Probate Administration process:
Probate is the legal process that determines how debts will be settled and assets distributed when someone dies with or without a trust or a will. Having a board-certified probate attorney overseeing this process will ensure that all documents necessary to this process are filed before the court’s deadlines.
The attorneys at Loveland & Hurley, PLLC have expertise in Probate and Trust Administration and can represent fiduciaries or beneficiaries in court through each stage of this complicated and time-consuming process.
The probate process's demands may require a year or more for an estate to be settled through probate. Additionally, the estate will incur expenses that may come out of the pocket of beneficiaries.
We are experienced in matters of county, probate, and district courts representing fiduciaries and beneficiaries in all aspects of estate and trust administration. Administering a decedent's estate can be a complicated, time-consuming process, but it doesn’t have to be stressful if you have Loveland & Hurley, PLLC as your advisor.
Kimberly typically represent the person who will handle an estate's details after someone dies; this person is the personal representative for the estate. If the deceased person had a will, the personal representative is called the executor or executrix. If there is no will, the personal representative is usually called the administrator.
Texas law lists an order of priority for who will be the personal representative:
- The person named in the will to be executor or trustee
- Surviving spouse
- Primary person to inherit under the will
- Any person inheriting under the will
- A creditor
- Anyone who applies
- Anyone who is not disqualified
- An appointed public probate administrator
For a person to be qualified to be the personal representative, they must meet the following criteria:
- Have mental capacity
- Not be a felon
- Be a resident of Texas or, if a nonresident, appoint a local resident agent
- Not be found unsuitable by the court.
Specifics can vary in Probate Administration depending on the circumstances and assets involved. However, the essential components required may include the following:
- Identifying the estate’s assets.
- Paying all debts owed at the time of death.
- Distributing assets to heirs or beneficiaries as named in a Will or Trust.
- Paying any current or back taxes owed.
- Following up on any claims owed to the estate by third parties.
- Identifying heirs if there was no Will.
There are different types of probate procedures recognized by the State of Texas:
- Independent Administration
- Dependent Administration
- Muniment of Title
- Determination of Heirship
- Small Estate Administration
- Affidavit of Heirship
When filing for probate in the State of Texas or Florida, or going through any of the processes surrounding probate administration, there are always challenges that one might face. Contact us with any questions or concerns you may have about a family member or loved one whose estate requires probate. We can help.
The Probate Administration Process
Death affects people in different ways. While never timely, death confronts the family with grief, with the need to readjust emotionally and financially, and often with an unknown future. Not only is death a personal issue but a legal one as well. We want to ensure that the legal process is as easy and painless as possible. We are to be your guide and assist you with each step of the administration process.
Here is what to expect when starting the process with us:
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