What is Probate?
Probate is the court-supervised process that confirms that an individual has passed away and distributes their assets. Junker Law, PLLC, a Richmond, TX probate attorney, provides straight-forward, efficient and effective strategies to help clients understand probate.
A Testate Probate (with a will) is the administrative process of following the terms of a valid will that someone executes before dying. In this process, the Court confirms that the will is authentic and appoints the Executor named in the will. The Executor then gathers the assets of the Estate, reports those assets to the Court, addresses any liabilities of the estate and distributes the assets per the terms of the Will.
An Intestate Probate (without a will) is the process of determining one's heirs and administrating their estate when a person dies without leaving a valid will. In this process, an heirship proceeding will determine the legal heirs of the estate. Texas law defines who those heirs are and how assets are distributed them. An Administrator is appointed to notify the Court-determined heirs, gather the assets of the Estate, report those assets to the Court, address any liabilities of the estate and distributes the assets to the heirs.
How Does Probate Work?
- A petition is filed in the proper probate court.
- A Representative (Executor/Administrator) is appointed per the will or by the Court if there is no will. Heirs are determined if there is no will.
- The Representative gives notice to all heirs and creditors.
- All assets are gathered by the Representative and an Estate Bank Account is opened.
- Inventory of the estate is drafted by the Representative.
- The Representative verifies creditor claims and resolves any valid claims.
- The Representative distributes assets to the heirs.
When Should I Start the Probate Process?
While you have four years from the date your loved one passes away to start probate, the best practice is to start as soon as possible. You don’t have to have all assets in order. The probate process will include locating assets and beneficiaries. Contact Junker Law, PLLC, a Richmond, TX probate attorney, to begin your probate process.
Junker Law, PLLC will help you with your probate
Contact Junker Law, PLLC, a Probate Attorney in Richmond, TX, to help you with your probate process today. Junker Law, PLLC takes pride in turning what you may have thought was a scary, long and expensive task into an efficient and effective process. Eric Junker will lead you through the tedious tasks needed to manage and distribute the Estate as quickly and economically as possible.
More Probate Services
If you are named as executor in a loved one’s will, Junker Law, PLLC will lead you through the whole probate process and advise you on your legal rights and responsibilities.
If you need to gain control of assets and your loved one did not leave a will, Junker Law, PLLC will lead you through the heirship and administration process to determine who receives the assets and how they are distributed.
Junker Law, PLLC can provide you with quick and effective alternatives to probate if your loved one's estate is eligible. These alternatives can save months of time and thousands of dollars.
Leaving a Legacy
Eric Junker is a highly dedicated probate and estate planning lawyer in Richmond, Texas. With years of experience, Eric focuses on the areas of Wills, Trusts, Probate, Guardianship, Special Needs Planning, special needs trusts, family partnerships, small business planning, and more.
If you need a Will or more complex Estate Planning, Eric Junker works with you to provide a comprehensive estate plan that ensures that your property goes where you want it with and your loved ones will not have to suffer through endless legal hassles after you are gone.