Houston Probate Lawyer – Texas Estate Administration
Probate Process, Costs and Time
As your Houston probate attorney, I offer flat fees or hourly fees for a probate administration for all types of estate administrations in all the probate courts in the Houston, San Antonio, Dallas, and Austin areas of Texas. Under certain circumstances I may agree to be paid from the estate in a probate estate administration or on contingency.
Probate Administrator Procedure
Typically, the executor or administrator files the probate application with the help of their probate attorney and original will if applicable. Following application there is a posting period for a Will or administration for at least ten days before the executor or administrator can probate the Will and/or have an estate administration if an intestate heirship (an estate administration without a will).
At the probate hearing, the executor or administrator proves the validity of the Will and seeks to be appointed executor or administrator with the aid of their attorney. After the probate hearing, the executor or administrator will receive “letters of testamentary” or “letters of administration” from the probate court. Thereafter, if there is an independent administration granted by the probate court the executor or administrator collects estate assets. The probate court will expect the administrator or executor to do an estate inventory and file a notice to creditors for the estate with the aid of their attorney. There is also a requirement of notice to the heirs from the executor or administrator. For independent administrations this completes most of the functions of the administrator or executor.
As your Texas estate attorney, I will be involved in each step of the probate process. Will probates can be completed within several weeks. Estate administrations that are intestate (no Will) can take a month or more depending on the probate court.
Will Contest Litigation
A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:
the testator lacked mental capacity; i.e., was senile, delusional, or of unsound mind at the time the documents were created the testator was subjected to fraud, coercion or undue influence during its creation and implementation there are ambiguities in the document, or the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.
If the Will is thrown out, the court may disallow only the part of the Will that was challenged or throw out the entire Will of the decedent, distributing the property as if the person died without a Will, or use the last previous Will, depending on state law and the specific facts and circumstances.
If you need help, contact us for a free consultation for the Houston, San Antonio, Austin and Dallas/Fort Worth areas.
Houston, Texas Probate Attorney
Houston Attorney, Nick Abaza focuses in Probate including Wills, Estate Administration, Probate Litigation and Estate Litigation. Mr. Abaza is licensed to practice in Texas and is happy to handle your Probate and Estate needs. Contact him today at 713-965-3400 for a free consultation.