The probate process can be expensive and time-consuming, but don’t stress quite yet. Not all estates have to go through probate. So when is probate necessary in Texas? The short answer is, if someone dies leaving assets solely in their name, then you need to probate the estate. Is Probate Always Necessary? No. Probate is the legal process of...
Continue ReadingIn addition to handling your grief, you may have to go to probate court to figure out what to do with a loved one’s assets after they pass. Your court case might include questions about who gets the decedent’s home. So, can you live in a house during probate in Texas? Yes, but you might have to navigate a...
Continue ReadingIn the face of losing someone you love, probate can feel overwhelming. The process can be incredibly overwhelming because of all the unfamiliar terms that pop up in probate matters. Two big terms that come up early in probate cases are “executor” and “estate administrator.” Administrators and executors do many of the same things, but how do these roles...
Continue ReadingAn individual’s passing may close the door on many possibilities, but it doesn’t always close the door on civil suits against the recently departed. If someone passed while owing you money, you can seek repayment from the estate of the person who passed (the decedent). However, you must make your claim on time. How long do you have to...
Continue ReadingIt’s difficult to give an average cost of a will in Texas. Each law firm structures their fees differently and changes the amounts from time to time. Some attorneys offer a flat fee rate for a will, while others bill by the hour. How much a will costs in Texas depends on a variety of factors, such as: Let’s...
Continue ReadingWhen a loved one passes away without a will, it can leave their family members in a difficult position, especially when it comes to transferring property and assets. In Texas, an affidavit of heirship provides a legal solution allowing heirs to claim their inheritance without needing a formal probate process. This document is beneficial for real estate transactions and...
Continue ReadingIf you die without a will in Texas, state law creates one for you. The Texas laws of intestate succession determine who inherits property if there is no will and how much they get. Unfortunately, this may have unwanted consequences. In this blog, we briefly summarize the rules of inheriting property without a will in Texas. Who Inherits Property...
Continue ReadingWhen you think about how to give your home to a loved one after you die, your first thought might be, “My last will and testament.” However, a will is not your only choice when giving real estate to loved ones after you die. Longer probate proceedings are not inevitable when passing your estate on to the next generation....
Continue ReadingBeing the personal representative or executor for the estate of someone who passed away is a big deal. Taking on the role means properly paying debts from the estate and ensuring that the deceased person’s (decedent’s) beneficiaries receive their shares. This hard work begins with compiling a comprehensive inventory of the decedent’s assets. So, how detailed does an estate...
Continue ReadingA house can be one of the most valuable assets a person owns. But what happens to it if they still owe money on it when they die? What happens if a house goes into foreclosure during probate? There are ways to delay foreclosure, usually requiring a promise to pay outstanding amounts owed. The lender may successfully foreclose if...
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