Probate

Texas Probate Attorney

When someone dies, all of the property they owned at death makes up the decedent's "estate." The estate consists of everything from a decedent's tooth brush to their stocks, bonds, and real property.  Probate allows for the legal transfer of the decedent's property to others. Generally, after application, the Court will appoint either an executor or an administrator.  The executor or administrator steps into the decedent's shoes and, within limits, can act as that person would have during their lifetime to transfer or dispose of the estate's assets.

In Texas, probate is not a terrible process unless there are unknown heirs or relatives fighting over a decedent's assets. Texas does not have the complications that many states have in probate, but the process can be a little intimidating if you don't have the right lawyer to guide you through the courts. The process is much easier to get through if the decedent left a properly drafted and properly signed last will and testament. But, there are other ways to handle distributing a decedent's assets when a person dies without a will.  For example, your attorney can file an Application to Determine Heirship and and ask the Court to appoint you or a family member as an administrator. 

There are numerous pathways to transfer a decedent's assets even if the decedent did not make a will.  The best path for your family depends on several factors including, whether there is a legal will, the value of the decedent's estate, and the plan for assets such as real estate. For example, if the family plans to sell the real estate, then the path is different than when the family plans to live in the home for several years. 

The most important thing for you to know is that when a person dies, even if that person gave you power of attorney prior to death, you must have a licensed attorney to handle your probate filings. Powers of attorney are no longer effective when someone dies. Under Texas law, when a person dies, their estate becomes a new legal entity and representing an entity requires an attorney.

The skilled attorneys at Winborne LaFleur PC can help you determine the right path for your family.  If you need help handling a decedent's assets, contact us today for an evaluation.