Losing a loved one is one of the toughest challenges many people experience. Whether it was a sudden and unexpected death or there was time to prepare, the aftermath can be highly emotional. In some circumstances, there may also be legal difficulties that must be dealt with, especially when they involve assets and debts in the deceased’s estate. That’s where the probate process comes in.

What is Probate?

Probate is the process when someone dies to collect their assets, pay their debts if appropriate, and distribute the remainder to the heirs.

Probate allows for the transfer of property so that his or her assets, such as money and property, can be distributed to heirs or beneficiaries and any remaining debts can be paid.

People formalize their intentions as to the transfer of their property or estate at the time of death typically in a last will. During probate their property is collected, certain debts are paid from the estate and the remaining property is distributed. Probating a Will is a process by which a person shows the court that the decedent followed all legal formalities in drafting his or her Will appropriately, an Executor is appointed and the court signs an Order Probating the Will. We are focused on how to file probate in Abilene Texas.
Going through probate can be challenging, but you don’t have to do it alone. A probate attorney can be there for every step of the process and help ensure the last wishes of your loved one are met.

There are two types of probate in Texas:

• Independent administration. When there is a correctly-executed will left behind that names someone as executor to the estate, it’s most likely that the estate will go through the simpler probate process of independent administration. With this type of probate, the estate’s personal representative or executor does not need a surety bond and has a fair amount of independence to finalize the estate as he or she sees fit.
• Dependent administration. The court will appoint an administrator to handle the process, since there is no will to name an executor. The administrator needs to obtain a surety bond (as a form of insurance) and will need to seek the court’s permission before performing certain actions.

Call or Chat with us if you have:
– Lost someone near and dear, been named as executor, and need to know what to do next
– Inherited and need advice
– Are getting calls from creditors regarding someone deceased
– Have a simple easy estate to complete but are required to have a lawyer (no one beats our customer service!)
Perhaps you are in one of the following situations:
– The family and other heirs are fighting and you need protection
– You have no money except the inheritance you are owed (a contingent fee arrangement)
– You are a Real Estate agent and need help closing a deal because it is stuck in probate

The Probate Process
Going through probate is a multi-step process that takes time to complete. The typical procedure to begin probate for an estate starts with:
• Probate application. Regardless of whether there is a will, an application must be filed with authorities in the estate where the deceased person lived.
• Validation. There will be a delay of two weeks before a probate hearing is held to allow anyone who may object to the will or to the administrator. Then a judge will review the case. If there’s a will, the named executor may accept or reject the job of completing the estate. If there isn’t a will, or the named executor refuses, an administrator is appointed by the court.
Once an executor or administrator is granted authority to do the job, the majority of the work begins. He or she needs to:
• Create an inventory. This is a list of all assets and debts of the estate. However, not all assets need to go through the probate process.
• Notify heirs and beneficiaries. The executor must contact any heirs or beneficiaries named in the will, or as determined by state law if there is no will.
• Publish a notice to creditors. This is typically done through a special notice in a local newspaper. This notice must be published for a certain amount of time to allow any creditors to make claims for payment against the estate.
• Distribute the assets. If there are any conflicts or disputes regarding the will or estate, they must be resolved before assets are distributed. Then heirs or beneficiaries can receive assets left to them.

SERVICE OVERVIEW

• Estate Planning
• Probate
• Wills
• Living Trusts
• Guardianship Proceedings
• General Powers of Attorneys
• Special Needs Planning

WHY CHOOSE ABILENE PROBATE
Our team has a combined experience of over 100 jury trials and nearly five decades in legal practice. We represent clients in all stages of litigation – from conference room to courtroom to appellate court.