“Probate” is the process that happens after you die. Probate only happens if you have a Last Will and Testament. No Will = no probate process.
The Probate Process
“Probate” is when your Will is reviewed by a judge and declared to be technically valid (properly executed, valid per Texas law, not a forgery, etc.) Your Will also names a person (the “personal representative” or “executor”) to implement the property decisions you make in your Will. During probate, the judge makes sure your executor is not disqualified from serving and then authorizes that person to act to settle your estate by issuing them a special document (Letters Testamentary.) We call this the "estate driver's license" because it lets the executor “do the business” of distributing the estate property.
What We Do
We file the case, handle the court case during the probate process, attend the hearing with you and present the required testimony to the judge, and also do the post-probate work with the executor to actually transfer the property of the deceased person. We follow-up and do everything to finally finish the process. Nobody gets dropped in the grease half-way through the probate process!
Handling Your Neglected/Unfinished Probate Case
Unfortunately, we also get hired (quite frankly, all too frequently) to finish cases that have been neglected, or which have languished and remain unfinished. On those cases, we're doing clean up work for another lawyer who is now out of the picture for some reason. If you are in that situation, know that we do whatever it takes to push your situation through to final resolution and get it finished. You've got to put the ball over the goal line and git ‘er dun! It's what we do.
Heirship Proceedings
Maybe one of your family members has died without a Will. In that case there are two issues: (1) who are the legitimate heirs of the deceased person (which is determined by the State of Texas) and (2) who is going to handle actually transferring the property to those heirs. It's generally a two-step process. It is also a process where a local judge (since there is no Will or executor) is all too frequently involved in the process of distributing your property. That makes “heirship proceedings” more expensive than “probate proceedings” when you have signed a Will. We handle cases involving the heirship process and also follow-through to actually pass your property to your heirs. If the situation is one that can be handled more simply by filing documents in the official county records, we advise you about that, and we take that course since it tends to be cheaper IF it can be done that way.
Nuts & Bolts
We handle everything from assisting you in making a Will, to settling an estate in both the situation where a Will is probated or property is passed by an heirship proceeding according to State of Texas Rules. We handle all the electronic filing and advance the court fees. We send documents to clients electronically, or if you prefer, via US mail with express delivery. We send documents to other countries, if needed. We prepare any deeds, seller finance packages, or bills of sale at the end of the process. We are able to liquidate assets, including houses and farm property for those (local or out-of-state) clients that might need help in converting unwanted property into cash.
Regardless of which service we are providing to you, we make sure to handle your case with the utmost respect and efficiency. Whether you're handling a probate, heirship proceeding, or estate settlement, we've got ya' covered.