Houston Probate Lawyer & Estate Administration Attorney
Serving the Greater Houston metro region, the Salinas Law Firm, provides a full range of estate and probate legal services, including testate and intestate administrations, small estate administrations and ancillary administrations.
Houston Probate Lawyer
We have one of the most experienced Houston probate lawyers in Houston who advise and act on behalf of clients in a wide range of trust and probate estate administration situations:
- Uncontested probate of a will
- Intestate administration when a person dies without a will
- Deployment of powers of attorney, guardianship, or conservatorship powers, along with other fiduciary responsibilities
- Business ownership, succession, and management issues within probate
- Representing individuals living outside Texas in probate administration within the state
- Assisting parties with estate planning needs, including drafting wills and creating effective trusts
If you are looking for a trusted probate Attorney in Houston, consult with our knowledgeable team for expert guidance in all probate and estate administration matters.
Probate Scenarios with and Without Will
With Will
Probate of Will in Court
The legal process that takes place after someone dies leaving a Will. The Will is filed with an application to Probate the Will. The Court appoints an Executor, who is in charge of the Estate.
The Executor is also in charge of distributing the assets to the beneficiaries and filing an accounting with the Court for the Judge to sign.
Probate of Will as a Muniment of Title
This method is generally much simpler than the traditional Probating a Will, but it does not include an estate administration. This type of probate is typically only appropriate when no actions need to be taken to settle the estate, such as selling property.
Without Will
In a situation when the Decedent doesn't have a Will, the following options may be available, depending on the scenario:
Judicial Determination of Heirship
It is a formal legal process for establishing who has inheritance rights from a person who passed away without drafting a Will. A court determines who the deceased’s heirs are and which heirs get which shares of the property.
Judicial Determination of Heirship with Administration
This process is used to establish who has inheritance rights from the deceased and who is in charge of the Estate (property) as an Administrator. The administrator is responsible for managing the estate until distribution is completed.
Small Estate Affidavit
This can be a fast and affordable way to transfer property. In general, this process can be used only when there is no Will and the Decedent has less than $75,000 in property, excluding the house (residential property).
There are other alternatives for probating estate in scenarios with and without a Will. At Salinas Law Firm, we have estate probate lawyers in Houston, Texas, who has handled 100s of probate cases and has helped individuals probate their estate in situations with and without a Will.
Consult with us now
At Salinas Law Firm, we provide personalized legal services and will expertly guide you through your probate and estate administration matters. Our experienced Houston probate lawyers focus on giving clear counsel and helping you decide on the best course of action for the parties we represent.
The key to successful probate administration is a steady, experienced hand. Call Alberto Salinas of Salinas Law Firm, a trusted probate attorney in Houston, at 713.518.1711 or write to us using this online form.
Are you looking for expert guidance on probate matters in Houston? Salinas Law Firm is here to help. Our dedicated Houston probate attorneys are committed to providing personalized, effective legal assistance to navigate the complex landscape of probate and estate law with ease and confidence.
Houston Estate Planning Lawyer for Smooth Probate Processes
Whether you're facing the probate of a will or dealing with intestate administration, having an experienced Houston estate planning lawyer can make all the difference. At Salinas Law Firm, our attorneys specialize in creating well-drafted wills and comprehensive estate plans that can help prevent probate complications. By consulting with a will attorney in Houston, you ensure that your loved ones will face fewer legal challenges when handling your estate.
Learn more about how proper estate planning can simplify the probate process by visiting our Will and Trust Lawyer in Houston page.
Frequently Asked Questions
Why do I need a probate lawyer in Houston?
A probate lawyer helps ensure that your estate is properly managed according to the law. Whether you're handling a will or intestate succession, their expertise can prevent costly delays and legal issues. Hiring a Houston probate lawyer can ease the burden during an emotionally challenging time.
What does a probate attorney in Houston do?
A probate attorney in Houston assists with the legal process after a person passes away. This includes validating a will, distributing assets to heirs, and managing estate taxes and debts. They also handle matters like small estate affidavits or judicial determinations of heirship.
How much does a probate lawyer cost in Houston?
The cost of hiring a probate lawyer in Houston typically ranges from $1,500 to $4,500, depending on the complexity of the estate. Simple cases are usually less expensive, but more complicated estates or disputes may incur higher fees.
What is the difference between probate with and without a will in Houston?
If there's a will, the probate process involves validating the will and appointing an executor to manage the estate. Without a will, the court must determine heirs and assign an administrator to handle the estate, which can take longer and be more complicated.
How long does probate take in Houston?
The probate process in Houston can take anywhere from a few months to over a year, depending on the estate's complexity, whether there are disputes, and how quickly the necessary legal steps are completed.
Can I handle probate without an attorney in Houston?
While it's not mandatory to hire a probate attorney in Texas, it is highly recommended, especially for larger estates or those with complications. A probate lawyer can guide you through the process and avoid potential mistakes or delays.
What is a small estate affidavit in Houston?
A small estate affidavit is a simplified probate procedure for estates valued under $75,000 (excluding real estate). If the deceased had a small estate, this process can expedite the transfer of assets without going through the full probate process.
What should I look for when hiring a Houston probate lawyer?
When hiring a Houston probate lawyer, it’s important to consider their experience with cases like yours and their knowledge of state probate laws. At Salinas Law Firm, we prioritize clear communication and personalized service to guide you effectively.
Can a probate lawyer Houston help with contested wills?
Yes, a probate lawyer Houston at Salinas Law Firm can assist if you face disputes over a will’s validity or interpretation. Our team works to resolve conflicts efficiently, protecting your interests throughout the process.
How does a probate attorney in Houston assist with estate taxes?
A probate attorney in Houston from Salinas Law Firm helps identify tax obligations, ensures timely filing, and advises on ways to minimize estate taxes, simplifying the administration of your loved one’s estate.
What happens if an executor fails to perform their duties?
If an executor neglects their responsibilities, Salinas Law Firm’s Houston probate lawyers can help heirs seek court intervention to remove or replace the executor and protect the estate.
Are there alternatives to probate for transferring assets?
Certain assets, like life insurance or jointly held property, often transfer outside probate. The probate lawyers at Salinas Law Firm can help determine if these alternatives apply to your estate.
Can Salinas Law Firm assist out-of-state executors with Texas probate?
Absolutely. Salinas Law Firm regularly assists out-of-state executors by handling Texas probate requirements and court filings, making the process easier regardless of your location.
How can proper estate planning reduce the need for probate?
Effective estate planning with Salinas Law Firm, including wills and trusts, can help avoid or simplify probate, ensuring your assets pass smoothly to your beneficiaries.
