Probate
Your Trusted Houston, TX Probate Attorney
Property Transfer After Death
Probate of your loved one's Estate is not required in Texas, but if you are caught in the spider-web of Probate Court, the only way out is through one of our legal options under Texas Probate Law for our probate courts.
Carrying the burden of suffering from the loss of a loved one and a financial loss is an unfortunate event that usually cannot be avoided. Since Estate and probate issues can be stressful for you and your family, the Texas probate lawyer at the Law Firm of Troy M. Moore, PLLC, can help!
We will perform all of the legal duties involved in the probate of your loved one’s Will and trusts, including handling the probate real estate transfer -- all so you receive the needed legal representation in court to reach your legal goals of property transfer rights to yourself or the beneficiaries of the Texas Estate. This provides you the peace of mind you seek and deserve -- plus the legal solutions that are needed.
Our lawyer in the Spring, Tomball, Cypress and Houston, Texas area is known for efficient and straightforward procedures. Probate in Texas is not cumbersome and can be completed within a month or two. To “probate” means the legal process where a court, with the Executor or Administrator, identifies the proper successor beneficiaries. Probate is a legal process in which the assets after death, including property and estate of the deceased, will be legally transferred to the determined beneficiaries.
The rightful heirs or beneficiaries can include family, relatives, friends, and other loved ones. If there is a Last Will for the probate process, you should have the original Will to address its validation, authenticity, and identification of the property. And most importantly, seek out a Texas probate lawyer that has the experience and proven track record as a professional.
When there is no Last Will & Testament for the Decedent, Probate is still necessary in some form or fashion if there is property to be transferred in Texas. The property does not pass to the State, but you do need the assistance of a Texas probate lawyer.
Real estate investors often look to scoop up probate property for cheap. States require proper real estate transfer of the estate property prior to a closing being allowed, so in most cases, if there is real estate, probate is required, and therefore it is impossible to avoid probate. Life insurance can help cover any estate tax from the distribution of assets, but usually you do not see estate tax anymore with the high exemption amount for estates. Debts owed by the estate can be satisfied at closing of the real estate transfer.
Speak with Houston’s #1 Probate Attorney today
For more information on navigating probate matters and questions about estate planning and probate litigation, schedule a phone consult to see what issues you face with your loved one’s estate, and how our Houston probate lawyer can get you where you need to be. We represent clients in Texas throughout the Northwest Houston, Spring, Magnolia, Tomball and Cypress areas. Call the above phone number or Contact Us.
If you don’t have time to call and need more information, please see our Texas Probate Process Summary page by clicking here. You will find it very informative.
The starting point for any probate attorney case is whether or not there was a Will for the Decedent. See below for the analysis on probate options, largely depending on whether or not there was a Last Will & Testament at the time of death.
Real estate investors often look to scoop up probate property for cheap. States require proper real estate transfer of the estate property prior to a closing being allowed, so in most cases, if there is real estate, probate is required, and therefore it is impossible to avoid probate. Life insurance can help cover any estate tax from the distribution of assets, but usually you do not see estate tax anymore with the high exemption amount for estates. Debts owed by the estate can be satisfied at closing of the real estate transfer.
Speak with Houston’s #1 Probate Attorney today
For more information on navigating probate matters and questions about estate planning and probate litigation, schedule a phone consult to see what issues you face with your loved one’s estate, and how our Houston probate lawyer can get you where you need to be. We represent clients in Texas throughout the Northwest Houston, Spring, Magnolia, Tomball and Cypress areas. Call the above phone number or Contact Us.
If you don’t have time to call and need more information, please see our Texas Probate Process Summary page by clicking here. You will find it very informative.
The starting point for any probate attorney case is whether or not there was a Will for the Decedent. See below for the analysis on probate options, largely depending on whether or not there was a Last Will & Testament at the time of death.
Was there a Will or Not? Yes Or No?
If the answer if ‘Yes,’ then you have two very good options, which are 1) probate the Will in probate Court, or 3) probate the Will in Court as a Muniment of Title only.
Answer: Yes
- Probate of Will in Court: this is the traditional method for probating a Last Will & Testament in Texas. The Will is filed with an Application to Probate the Will, and the Court appoints an Executor and orders, usually, an Independent Administration. The Executor is in charge of the Estate, as well as distributing the assets to the beneficiaries and filing an accounting with the Court for the Judge to sign. After the Probate Judge appoints the Executor over the Estate, a special document called Letters Testamentary are issued by the clerk to the Executor, which allows the Executor to access bank accounts, retitle assets, sell probate real estate, etc.
- Probate of Will as a Muniment of Title: this is a less desirable way to probate a Will, but this procedure is most useful when dealing with a Will that needs to be probated more than four years after the Decedent passed away. Under Texas law, the statute of limitation is four (4) years to Probate a Will and have an Independent Administration by the Probate Court. Click the link in the title for more info.
Answer: No
If the Decedent did not have a Will, you have various options depending on the circumstances:
- Judicial Determination of Heirship: this is the formal legal process for establishing who has inheritance rights from a person who dies without a Will. This will transfer title to real estate and personal property. This is a formal lawsuit before the probate judge and also involves a court appointed probate attorney ad litem to perform an independent investigation of the family structure of the Decedent.
- Judicial Determination of Heirship with Administration: this is the formal legal process for establishing 1) who has inheritance rights from the Deceased, and 2) who is in charge of the Estate as the Administrator. This is the best way to probate an intestate estate where you have a Personal Representative appointed over the Estate, which allows for complete flexibility on options available to get the job done. All too often these days folks die without a Will -- we can help you sort through the difficulties of which process is the best AND least expensive, given your situation and your estate assets.
- Small Estate Affidavit: you can use this if there is no Will and the Decedent only had less than $75,000 in assets, excluding the house. See our page for more explanation and limitations for this excellent alternative to full probate court.
- Alternatives to Probate: there are several alternatives to probate that are available, depending on your situation. An Affidavit of Heirship can be used instead of probate if you have assets less than $5,000.00 in personal property.
Was there a Will or Not? Yes Or No?
If the answer if ‘Yes,’ then you have two very good options, which are 1) probate the Will in probate Court, or 3) probate the Will in Court as a Muniment of Title only.
Answer: Yes
- Probate of Will in Court: this is the traditional method for probating a Last Will & Testament in Texas. The Will is filed with an Application to Probate the Will, and the Court appoints an Executor and orders, usually, an Independent Administration. The Executor is in charge of the Estate, as well as distributing the assets to the beneficiaries and filing an accounting with the Court for the Judge to sign. After the Probate Judge appoints the Executor over the Estate, a special document called Letters Testamentary are issued by the clerk to the Executor, which allows the Executor to access bank accounts, retitle assets, sell probate real estate, etc.
- Probate of Will as a Muniment of Title: this is a less desirable way to probate a Will, but this procedure is most useful when dealing with a Will that needs to be probated more than four years after the Decedent passed away. Under Texas law, the statute of limitation is four (4) years to Probate a Will and have an Independent Administration by the Probate Court. Click the link in the title for more info.
Answer: No
If the Decedent did not have a Will, you have various options depending on the circumstances:
- Judicial Determination of Heirship: this is the formal legal process for establishing who has inheritance rights from a person who dies without a Will. This will transfer title to real estate and personal property. This is a formal lawsuit before the probate judge and also involves a court appointed probate attorney ad litem to perform an independent investigation of the family structure of the Decedent.
- Judicial Determination of Heirship with Administration: this is the formal legal process for establishing 1) who has inheritance rights from the Deceased, and 2) who is in charge of the Estate as the Administrator. This is the best way to probate an intestate estate where you have a Personal Representative appointed over the Estate, which allows for complete flexibility on options available to get the job done. All too often these days folks die without a Will -- we can help you sort through the difficulties of which process is the best AND least expensive, given your situation and your estate assets.
- Small Estate Affidavit: you can use this if there is no Will and the Decedent only had less than $75,000 in assets, excluding the house. See our page for more explanation and limitations for this excellent alternative to full probate court.
- Alternatives to Probate: there are several alternatives to probate that are available, depending on your situation. An Affidavit of Heirship can be used instead of probate if you have assets less than $5,000.00 in personal property.
FAQ
What does a probate lawyer do?
You might ask yourself, “What questions do I ask a probate attorney?” A probate lawyer is an attorney who is practicing law with a practice focus on probate and estate administration. Probate law deals with Wills, sometimes including Trusts, and how they translate into probate and estates. The probate process is a related practice to Wills and Trusts because they can interplay together in practice with before the Judge at Probate Court. Probate law also applies to estates of dead people who have died without a Last Will & Testament. When you die without a Will, you are said to have died "Intestate."
How much does an attorney charge for probate?
Legal representation by an attorney in connection with wills and trusts for probate is usually done by a flat fee, if possible. Probate lawyer fees vary widely depending on the probate attorney’s experience. Obviously, an experienced probate attorney with decades of experience will charge more in probate lawyer fees than a newly licensed lawyer. Tax law can come into play for the beneficiary or heir to a Will or other asset. When trying to determine for yourself the question, “how much does it cost to hire a probate attorney,” it is usually less than four thousand dollars.
Is a lawyer needed for probate?
If you ask yourself, “Do I need a probate lawyer?” then the short answer is — probate law regarding probate and estate administration does not require a probate attorney who is practicing law in the related practice of the probate process. However, just like with a broken leg, you are not required to see a doctor to set your broken bone — you are far better off hiring an attorney who has a practice focus of legal representation of individuals concerned with probate and estates.
What do I need to bring to a probate lawyer?
You should bring your experienced probate attorney the following:
- The Last Will & Testament (if there is one) & all Wills & Trusts of the deceased.
- The Death Certificate (if you already have it — if not, that is fine to go without it).
- Any available bank statements for any accounts that did not have joint account holders.
- Any letters received from life insurance companies for life insurance policies that will pass through the probate estate for the family member.
- A list of questions to ask a probate attorney.
- Any business corporate books that spell out the agreement of the owners of any business owned wholly or in part by the deceased
- Any Transfer on Death Deeds made prior to the deceased’s death.
- Recent retirement account statements from all retirement accounts owned by the deceased (and make sure to not take action that triggers tax law).
- Any Living Trust that the deceased is a beneficiary of (meaning a Living Trust that he/she did not create — as segregated from the above reference).
What questions to ask a probate attorney?
You should find out the following:
- How long the attorney has been practicing probate law with a practice focus on probate?
- Who gets what and in what percentages under the Will or heirship law after my loved one’s death?
- Is the Will a valid Last Will & Testament under Texas law?
- What if I do not get along with certain members of my family?
- Who will be in charge of distributing the family member’s property?
- How long will this process take?
- When will I be able to transfer property and gain access to bank accounts?
- All of the above are very relevant questions to ask a probate attorney.
How Long Does Probate Take?
Timeframes can depend on family dynamics and the property relative to your specific case, but usually one (1) to three (3) months, but it can take years if things go awry. If there is a Will, things go faster.
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