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Dealing with the loss of a loved one is a sad experience, and it can be even more challenging to manage your grief while also handling the complicated and often frustrating probate process. At Camille Borg Law PLLC, we provide area residents with guidance as they go through the Texas probate process. Having the assistance of a knowledgeable probate attorney can reduce the time and energy spent seeking resolution in your case. Whether you need help managing the probate process or settling the debts of your loved one’s estate, Attorney Galvan-Crews will work tirelessly to make the probate process as quick as possible.
Submitting a Will to Probate in Texas
The probate process in Texas may include many steps, and while starting the process is simple, meeting all the required obligations can be long, drawn-out, and confusing. With the assistance of a McKinney probate attorney, clients trying to complete the process will have a knowledgeable attorney acting on their behalf. At Camille Borg Law PLLC, we help our clients by familiarizing them with the probate process, so they know what to expect. The court system uses the probate process to recognize the death of a property owner. The process is also used to transfer the agency and authority of a decedent’s property to another person. The family of the deceased will need to first file an application with the probate court. Once filed, the probate application will receive a hearing. The hearing usually happens two weeks after the initial filing. A notice will be posted with the county officers to notify the public of the probate request. Once the two-week period has ended without protest, the probate process will be allowed to proceed.
Steps to Complete the Probate Process
After filing and applying for probate, there are many additional steps that must take place before the process is complete.
To complete the probate process, you’ll need to complete many steps, including:
- Filing: A completed application must be filed with the Texas probate court, and the application must be filed with the court in the county where the decedent lived.
- Posting: Once the application has been submitted, a two-week waiting period starts. The hearing will be held for the application after the county clerk has notified the public of the probate application and given any who wish an opportunity to protest the probate.
- Validation: If no one contested the probate application during the waiting period, the process moves to the next step. A Texas probate court will either verify a will and named executor or certify that no will was submitted and appoint an administrator for the estate.
- Recording: The executor or administrator must submit a record of assets to the county clerk within 90 days of validation. The record should be a complete catalog of assets assigned to the estate.
- Beneficiaries: If there were a valid will and executor for the estate, they would need to notify any beneficiaries of the estate. If there isn’t a valid will on file, the Texas probate court would be responsible for determining the beneficiaries of the estate.
- Notice: Once an individual dies, their estate is responsible for their debts. Creditors are given notice, and they can file a claim against the estate for what is owed.
- Disputes: To finalize the estate, there cannot be any disputes on file from other family members or beneficiaries. The probate court judge must hear all dispute cases filed within the required deadline of two years from the original probate date.
- Assets: Once all disputes and debts are resolved, the remaining assets are distributed to the beneficiaries accordingly.
McKinney Probate Litigation
Depending on your circumstances, probate litigation may be required. When an individual dies without a will in effect, the state takes control of the distribution of assets. Texas probate courts regulate all activities regarding validating the will and recognizing beneficiaries. If a person dies without a will, then the family may need the help of a McKinney probate litigation attorney to help them fight for their loved one’s estate. If family members contest the will because they believe there are issues of validity or fraud, a probate litigation attorney will be needed to finalize the process.
At Camille Borg Law PLLC, we work with families to help them navigate the probate process with as little stress as possible. Our McKinney probate lawyer is available for a consultation today. Call now at (469) 646-7763 or contact us online now to get started.
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*This attorney is only licensed in Texas and cannot take out-of-state cases.