Probate and Estate Attorneys in Arlington, TX
Are you feeling overwhelmed trying to navigate Texas probate procedures? We get it, and our experienced probate attorneys are here to help guide you through the probate process.
Probate
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Probate is often thought of as a complex and difficult process, and facing something like that during a time of great loss can be overwhelming. The truth is that probate isn’t always complicated, and it doesn’t need to be challenging. There are different types of probate in Texas, and formal estate administration is not always required.
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The Dove Firm probate attorneys can guide you through the probate of a loved one’s estate, help you determine which type of estate administration is appropriate, and take care of the details, so you have more time to grieve.
Types of Probate
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Probate in Texas is simply the process of finalizing the affairs and transferring the property of a deceased person to the rightful heirs. The process can be simple or more complex, depending on the type that is required. When determining how to proceed with probating an estate, a number of factors are considered, including the value of the estate, named beneficiaries or heirs, and whether there is a valid will.
Formal Probate
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This type of probate may be required no matter what the value of the estate, although some estates are considered “small” if less than $75,000. Small estates may have less paperwork, as further explained below. Formal probate in Texas can include independent estate administration or regular estate administration, which provide different levels of oversight from the court. If the estate is large with assets of high value, the court may admit the will to probate as either an independent administration or dependent administration.
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When there is a will, the executor named in the document should be the one to handle the estate administration. In the absence of a will, the probate court can appoint someone to fill this role.
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Administering the estate of your deceased loved one includes many tasks, which The Dove Firm can handle for you. These tasks include:
1. Notifying beneficiaries
2. Dealing with creditors
3. Filing final tax returns
4. Carrying out the wishes of your deceased loved one.
Muniment of Title
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This process is often simpler and faster than formal probate for the estates that qualify. In order to go through this type of probate, there must be a valid will, no unpaid debts beyond any secured by real estate, and no claims of benefit recovery by Medicaid. There is no executor required if the court approves probates as a muniment of title, but an affidavit must be filed with the probate court. Even if you think your family member’s estate may qualify for muniment of title in Texas, speaking with a probate attorney is a good idea. The Dove Firm can answer any questions you may have about the qualifications or help you file the affidavit within the required timeframe.
Other Probate Possibilities
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Small Estate Affidavits may be used in some scenarios if there is no will and the estate is valued at less than $75,000.
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Small Estate Procedures can often be utilized for estates in which the value of the assets does not exceed the funds needed to pay creditors and the family allowance.
There is a lot to consider when preparing to probate an estate, and The Dove Firm is happy to discuss this process with you so you can make informed decisions before proceeding. If you have questions about who can serve as an executor, what the order of succession is in Texas, how long the probate process takes, or any other factors that could impact estate administration, please give us a call at 817-462-0006