Probate Lawyer Denton, TX
The Probate Process in Texas
When someone passes away, the process of administering their estate is called probate. This process can range from relatively simple to highly complex depending on whether the decedent left a will, how that will was created, if there are contestants to the will, and what the estate consists of.
The first step for a client in the probate process is to gather information. The actual legal process will begin once an application is filed with the court, which will then set a hearing for the case. Once the hearing is set, you will reach a crossroads.
There are two paths your case may take:
- If you have a will calling for independent administration, you will be appointed as the personal representative for the estate and you will likely not have to return to court.
- If you do not have a will or if the will does not call for independent administration, you will have to complete several steps to qualify for administration. From there, the court must appoint you as the personal representative for the estate.
At the Law Office of David S. Bouschor, II, P.C., our Denton probate lawyers have decades of experience and have served families throughout Collin and Wise counties for over 20 years. In that time, we have made a name for ourselves as trusted attorneys who think outside the box to resolve legal issues as quickly and efficiently as possible. The probate process can be difficult. Let our team work with you to properly handle the estate and ensure that your case is resolved favorably.
To learn more about our firm and how we may be able to assist you in the Dallas-Fort Worth area, call (940) 202-8323.
When problems arise during the probate, it’s usually because of a dispute over the decedent’s will. In these situations, family members often have questions that need to be answered by an experienced attorney. The solutions to these unique problems are generally complicated by the specific facts of the case.
Our firm has extensive experience representing our clients in will contests. The Law Office of David S. Bouschor, II, P.C., can help you navigate the legal process and provide you with the compassionate support you need during this time.
Who Inherits When There Is No Will?
Dying without a will is called dying intestate. If you die in Texas without a will, the legislature has written one for you, so to speak. The Texas Estates Code has rules outlining exactly to whom your property goes if you die without a will, whether it’s your separate property or community property, and whether you have children from one marriage or multiple marriages.
An intestate estate is similar to an estate where there is a will. First, the estate’s worth is determined, then heirs are determined through an heirship proceeding. After determining the heirs and how the estate should be distributed, the administrator prepares and files a final accounting, asks the court to allow them to distribute the estate, and then the estate is closed.
One of our Denton probate attorneys can work with you to determine what steps you will need to take to complete the probate process successfully. We will take a thorough look at your case to fully understand the unique aspects of the estate and help guide you through all the legal obstacles you face.
Contact our firm today at (940) 202-8323 to get started.