Probate is a common legal process after a person passes away. However, the familiarity of the term does not make it any less puzzling if you find yourself in charge of managing one. An Alamo Heights probate lawyer can answer lingering questions about probate and offer legal support through the probate process.
If you serve as a personal representative for a loved one’s estate, a skilled estate planning attorney at Begum Peláez-Prada PLLC is ready to help.
Probate is the process of settling and distributing a person’s estate after their death. It is required whether the person dies without a will—also known as intestate—or with a will.
A formal estate administration is typically required for estates valued at over $75,000 or if there is a will. However, less formal processes are available for smaller estates, such as a muniment of title and a small estate affidavit. A dedicated attorney could help administer your loved one’s estate in Alamo Heights.
There are several steps to administering an estate. To begin the process, an application for probate and will (if one exists) must be filed with the Bexar County probate court. A notice will then be provided to beneficiaries and creditors with a two-week waiting period before the first hearing is held. At the hearing, the court will appoint the personal representative to manage the estate.
The personal representative will take over at this point, inventorying the estate and preparing to distribute the estate to creditors and beneficiaries. In most cases, this process will take from six months to one year to complete. However, it could take longer if the estate is more complex or there are disagreements among beneficiaries.
As the personal representative, you are the person tasked with handling the estate administration, and you have several responsibilities to the estate, beneficiaries, and creditors.
As such, you will need to gather and identify all estate assets, value the estate, notify beneficiaries and creditors, prepare and file an inventory, pay debts and taxes, and distribute the estate according to the will or intestate succession rules.
Depending on the size and complexity of the estate, fulfilling these duties can be complex, but an Alamo Heights attorney could help with the administration.
If the deceased person did not leave a will, their estate will pass to their heirs according to state intestate rules. These rules follow a hierarchy of distribution beginning with the surviving spouse, then moving on to the children or descendants of a child, parents, and siblings.
For example, if the deceased person is survived by a spouse and child, the spouse would be entitled to one-third of the personal estate and the child would receive two-thirds.
It is important to note that intestate laws only apply to separate property, so any community property owned with a spouse will not be subject to this division.
Texas law is unique because it requires probate executors and administrators to be represented by a lawyer. This is because, as the estate’s personal representative, you are representing others and not yourself.
Hiring a probate attorney in Alamo Heights means you could get assistance with:
Moreover, a lawyer could provide legal support, guidance, and advice throughout the probate.
The Bexar County probate process can be grueling, but with proper legal support, you do not need to manage it alone. While hiring a lawyer can feel like a formality, securing skilled legal counsel may ease the burdens and challenges of probate.
Sasha Begum brings experience to the probate, answering questions and supporting personal representatives throughout the process. Contact a knowledgeable Alamo Heights probate lawyer today for a consultation.
