Houston Probate & 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 the one of the experienced Probate Attorneys in Houston, Texas, who advises and takes action for people 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 Texas
- Assisting parties in their own estate planning needs, drawing up wills and creating effective trusts
Consult with Probate Lawyers in Houston, Texas, for your Probate & Estate Administration related cases.
Probate Scenarios with and Without 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.
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 legal matters. Our aim is to provide clear counsel and help decide on the best course of action for the parties we represent.
Frequently Asked Questions
Do I need to hire a Probate Lawyer?
Most courts in Texas require you to hire a probate lawyer for probate & estate administration-related cases. This is because an executor not only represents himself but also the interests of beneficiaries and creditors.
Even when it isn't required by law, hiring a probate lawyer is ideal as they are highly qualified and have the expertise to handle probate cases. Their services are invaluable and can often save you time and money when probating an estate.
How much does a Probate Lawyer cost?
The average fee for a probate lawyer to handle a probate proceeding varies between $1,500 and $4,500. However, these rates are not final. The more complicated the case and the more experienced the attorney, the higher the rates can be.
Remember: cheaper isn't necessarily better. You should consider many factors when hiring an attorney. The right lawyer can make all the difference, and there's no reason to cut corners on an important legal issue.
Contact our probate lawyer in Houston at 713.518.1711 to schedule a consultation and receive a price quote that caters to your needs.