Unless there is a living trust in place or assets pass by operation of law, after a person dies, his or her assets typically must go through probate. Probate can be a complicated and time-consuming process that few people are prepared for, especially if disputes arise among heirs, beneficiaries, or other interested parties.
At The Johnson Firm, P.C., our attorneys walk clients through the probate process, including both uncontested and contested probate matters. We understand that the passing of a loved one is difficult, and that disputes during probate can add further stress. Let us take the reins on the probate process—whether it’s a straightforward administration or a contested case—so you can focus on your own well-being.
What Is Probate?
Probate is the legal process of distributing a decedent’s assets. In probate, a will is validated and assets and debts are addressed. Depending on how thorough the decedent’s estate plan is, and whether any disputes or challenges arise, probate can be fairly straightforward or quite complicated.
Our firm handles all aspects of probate, from routine administration to representing clients in contested probate matters such as will contests, disputes over asset distribution, and conflicts among beneficiaries.
The 5 Parts Of Probate
When a person’s estate enters probate, it will go through five steps before the process is complete. Knowing what those steps are can help you better understand the purpose of probate and what to expect:
- Validating the will: A judge will review the decedent’s last will and testament to ensure that it is valid under Texas law. Sometimes, parties may contest the validity of the will, and our attorneys are prepared to advocate for your interests in such cases.
- Executor hearing: The probate applicant, which may be you if you were named executor by the decedent, will appear before a judge to be confirmed as executor.
- Asset inventory: The probate court may require a complete list of the decedent’s assets. This list will be made public, and creditors will be notified.
- Repay debts: If your loved one passed away with debts, some or all of them may need to be repaid.
- Distribute assets: Finally, the assets that are left will be distributed according to the decedent’s last will and testament. Disputes can sometimes arise during this stage, and we are experienced in resolving these matters through negotiation or litigation.
How An Attorney Can Help
Estate administration can become quite complicated, especially if disagreements or legal challenges arise. Depending on how it is handled and the estate planning your loved one did, the process can take a long time. Having an experienced attorney at your side can help ensure that it goes as smoothly as possible, deadlines are met, and any disputes are addressed promptly and effectively. We provide guidance and representation in both uncontested and contested probate matters, so you have peace of mind knowing your interests are protected.
Talk To Us About Probate In An Initial Consultation
When you meet with us in your first consultation, we can answer any questions you have about the probate process—including how we handle contested probate matters—and further explain how we can help. To schedule your consultation, please call us at (972) 299-3488 or fill out an online contact form.
