Probate

The manner in which your loved one’s estate is administered depends on whether that person left a Will (or Trust), the kind of assets that comprise the estate, and how much time has passed since the date of death. Based on these factors, the process of transferring assets to heirs or beneficiaries will be different. 

We offer the following estate administration services. Fees will vary based on the complexity of the case, whether or not there are out-of-state assets, and other factors. Clients are expected to pay a retainer which is held in Trust as work is completed.

Probate of a Will (Independent Administration)

When is this applicable?

• There is a valid Will.

• The application to probate is being offered within 4 years of the date of death.

• The Will provides for an independent administration with a named Executor who is willing, able, and qualified to serve.

• There is a necessity for administration such as the payment of debts.

A Will that does not contain a “self-proving” affidavit will require either the subscribing witnesses to the Will (or two disinterested witnesses who knew the Will-maker) to appear in court to attempt to prove the validity of the will. Working with witnesses requires additional documentation, scheduling, and filing, and will result in a higher fee.

A Will that does contain a self-proving affidavit does not require the appearance of witnesses and the resulting probate procedure is usually much simpler.

Probate of a Will as a Muniment of Title

When is this applicable?

• There is a valid Will.

• The application to probate is being offered within 4 years of the date of death. (However, the court may accept a Will beyond the 4 year period if the applicant is not in default, meaning he has a valid reason for not applying within the correct timeframe.)

• The estate owes no debts (mortgage on home is not considered debt.)

• The Decedent received no Medicaid benefits during life.

• The only probate asset in the estate is real property (Decedent’s home).

Small Estate Affidavit

When is this applicable?

• The Decedent died without a Will.

• The estate is not valued at more than $75,000 (This does not include the homestead or non-probate assets that pass to named Pay-On-Death beneficiaries.)

• The gross value of the probate estate exceeds the estate’s liabilities (debts).

• The only “real property,” (meaning real estate) is the homestead.

• All heirs are adults and willing to sign the affidavit.

This is often a faster, cost-effective alternative to a full heirship proceeding.

Affidavit of Heirship

When is this applicable?

• No Will

• Establishes current ownership of real property (after being on record with the county clerk for 5 years).

• Can be used to establish ownership of Texas property for the heirs of a Decedent who was not a Texas resident.

When a person passes with a Will, the estate will go through probate, unless all assets passed by contract via beneficiary designations on policy or account forms.