Our Practice Areas
Tomball Probate Attorney
At Theander & Grimes, PLLC, we understand how difficult it can be to handle the probate process after the loss of a loved one. That's why we offer comprehensive probate services to clients in Tomball, TX and the surrounding areas.
We know that each probate case is unique, which is why we take the time to listen to our clients' needs and concerns. Our goal is to provide personalized, compassionate service that helps you navigate the probate process with ease.
What Is Probate in Texas?
Probate is the legal process through which a deceased individual's assets are distributed, debts are settled, and their final affairs are concluded. It ensures the decedent's final wishes are carried out according to their will.
Understanding the Texas Probate Process
The Texas probate generally involves the following steps:
- Filing the will: If the deceased left a valid will, it must be filed with the appropriate probate court in Texas. If there is no will, the court will follow intestacy laws to determine the distribution of assets.
- Appointing an executor/administrator: The court appoints an executor or administrator to oversee the probate process. This person manages the deceased's estate, pays outstanding debts, and distributes assets to beneficiaries.
- Inventory and appraisal: The executor or administrator compiles an inventory of the deceased's assets, including real estate, bank accounts, investments, and personal property. If necessary, a professional appraiser may be hired to determine the value of certain assets.
- Notifying creditors and settling debts: Known creditors are notified of the deceased's passing, allowing them to make claims against the estate. The executor or administrator is responsible for identifying and settling valid debts using estate funds.
- Distribution of assets: Once debts, taxes, and other expenses are paid, the remaining assets are distributed to the beneficiaries according to the terms of the will or Texas intestacy laws.
- Closing the estate: After all debts are settled and assets distributed, the executor or administrator files a final report with the court. Once approved, the estate is officially closed.
Contact our Tomball probate lawyer online or by calling (281) 968-9965 today!
What Is the Purpose of Probate?
Probate serves several essential purposes in Texas, such as:
- Validating wills: Probate ensures that the deceased's will is legally valid, addressing any potential disputes or challenges to its authenticity.
- Clearing titles to assets: Legal ownership of assets is transferred from the deceased to their beneficiaries through the probate process, providing clear title and authority over those assets.
- Settling debts and taxes: Probate allows for the identification and settlement of outstanding debts and taxes owed by the deceased, ensuring that creditors are paid appropriately.
- Protecting the rights of heirs and beneficiaries: Probate provides a transparent legal framework to protect the rights of heirs and beneficiaries, ensuring their rightful inheritance.
- Resolving familial disputes: In cases of disagreements or disputes concerning the distribution of assets, probate provides a forum to address and resolve these issues.
Is Probate Mandatory in Texas?
It’s important to note that probate isn’t always mandatory in Texas. Certain circumstances can allow for simplified or alternative procedures. Various parties and items may be exempt from probate in Texas, such as:
- Assets titled in living trusts
- Small estates with no debts
- Assets with designated beneficiaries, such as life insurance policies or retirement accounts
- Estates valued under $75,000 (excluding the value of a homestead property)
- Estates where the deceased held only community property with a surviving spouse
Remember, securing sound counsel from a qualified Tomball probate lawyer is essential to determining whether probate is necessary for your specific situation. Your lawyer can utilize careful consideration and comprehensive legal skills to help Texans better understand the legal options available to them, in addition to state-specific requirements and eligibility.
Contact an Experienced Probate Attorney
Whether you're looking for guidance on estate planning, probate, and estate administration, or litigation, our team is here to help.
Contact us by calling (281) 968-9965 today to schedule a consultation and learn more about how we can assist you.
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“Don't wait, Amanda and team are fantastic.” - Lem M.
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“I highly recommend working with Amanda and her law firm.” - George H.
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“I highly recommend Amanda Grimes and her colleagues at Theander & Grimes.” - CC
