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Dallas Estate Litigation and Planning Blog

What Is Probate?

If you are in the process of writing your will or trying to determine how the property of a family member will be handled after their death, you may have encountered the term probate. Probate is the legal process by which a person’s estate, their property and possessions, are handled after they pass on.

In the probate process, a court officially recognizes a person’s death and determines how their assets are distributed among family members and other beneficiaries. If the deceased left a will to direct where their property should go, the procedure may be simpler. Some items do not have to go through probate, but others, especially those lacking titles or not named in the will, may have to go through this process.

How Does the Probate Process Work?

filing probate courtThe probate process can be daunting to those without experience, but the good news is that compared to other states, probate in the State of Texas is relatively simple. The Texas probate process can be broken down into several steps:

  1. Filing with the probate court – An application for probate is filed with the proper probate court for the county where the deceased was a resident.
  2. Posting notice – Before a hearing is held regarding a probate application, there is a ten-day waiting period to allow for anyone to contest the will or the administration of the estate.
  3. Hearing and validation – After the waiting period, there will be a hearing and the probate judge will ensure that the will is valid or verify that the deceased did not leave a will. The judge will then appoint an administrator for the estate or will verify that the executor is valid.
  4. Inventory of assets – Within 90 days of the appointment of an administrator or executor, that person must compile a list of all the assets held by the estate and file it with the county clerk, in the form of a report known as an Inventory, Appraisement, and List of Claims. This report lists the estate’s assets as well as a reasonably accurate estimation of their value as of the deceased’s passing.
  5. Notify beneficiaries – If the deceased left a will, the executor must notify the beneficiaries of the estate. If there was no will, the probate court must determine heirship. In the case of unknown potential heirs, it may be necessary to post notices in newspapers and at the courthouse.
  6. Notice to creditors – The deceased may have unresolved debts, also known as liabilities—hospital bills, house or car payments, or other major expenses. The executor must notify creditors of the person’s death and allow them the opportunity to make a claim against the estate.
  7. Dispute resolution – If family members or potential beneficiaries wish to contest the will, the probate court must hold a hearing before finalizing the estate.
  8. Distribution of Assets – Once any disputes are resolved and the estate has been finalized, the assets are distributed to the beneficiaries.

Probate can be quite a lengthy process, and there are a lot of deadlines to stay on top of and paperwork to submit. An experienced probate attorney can help you through these steps and advise you on the best strategy along the way. If you are involved in an estate probate or dispute and are not sure whether you need the help of a probate lawyer, contact Staubus and Randall to set up a consultation about your case.

Common Terms Related to Probate

probate administratorThe probate process contains specialized legal vocabulary and concepts that you may find confusing if you’ve never experienced them. Here are a few commonly used terms.

  • Administrator – When a person dies without a will and an executor hasn’t been named, Texas law requires that an administrator be appointed to manage the estate.
  • Assets – Property with a monetary value held by an estate. Real estate, vehicles, clothing, jewelry, bank accounts, cash, and furnishings would all be considered assets.
  • Beneficiaries – These are the recipients of the property distributed from an estate, whether family members, friends, or organizations.
  • Decedent/Deceased – These terms refer to the person who has died.
  • Estate – The assets that belonged to the deceased person are collectively known as the estate.
  • Intestate – This term refers to an estate whose owner died without a will. A probate court must determine how to distribute the assets of such an estate.

An estate litigation lawyer from Staubus and Randall can explain any confusing terminology and answer any questions relating to your own probate case.

Speak with a Texas Probate Attorney Today

Managing your family’s affairs after the death of someone close is hard enough without all the extra strain of sorting out their estate. The probate process can be complicated, and mistakes could potentially be costly. You need a knowledgeable estate lawyer who can guide you through this process efficiently and with a minimum of stress.

The Dallas estate planning and litigation attorneys of Staubus and Randall have experience helping hundreds of clients with their estate, trust planning, trust litigation, and guardianship needs. We will be with you every step of the way to offer support and answer any questions you might have.

Call us today at 214-691-3411 or fill out our contact form to set up a free consultation.

The Firm

The attorneys at Staubus and Randall have over 100 years of combined experience in estate planning, probate, and litigation. We have the knowledge and skills to tackle complex legal issues, such as guardianships, will contests, fiduciary litigation, and trust litigation. We can also handle routine matters, such as estate administration, probating wills, heirship determinations, and other probate court matters.

Staubus and Randall received a preeminent AV rating from Martindale-Hubbell, which is the highest rating possible from a peer-rated legal service. This rating recognizes our hard work, dedication, and the case results we’re able to achieve.

Staubus & Randall Team

What Our Clients Say

"I recently had the occasion to hire Mr. Staubus for a hotly contested Guardianship matter. Mr. Staubus brought a rare combination of effectiveness, reasonableness and understanding of the human element involved. Mr. Staubus handled all things in a calm, highly competent, effective and reasonable way. It could not have been as easy as he made it seem. He's a credit to the Bar."

Jody

"Before retaining the guidance of the Staubus & Randall firm, I was at my wit's end trying to close an uncle's estate as a co-executor. In addition to dealing with difficult heirs, I had other pressing business issues coming up immediately on estate land in the middle of the Eagleford Shale including dealings with pipeline, seismic, oil & gas, and construction companies. The local bank also refused to give me access to information relating to the estate. This quickly became the most stressful and desperate time in my life...and then I found Joseph Legere who truly became my guardian angel. He was able to get all issues resolved efficiently and the estate fully closed. His professionalism, immense legal knowledge on a wide variety of topics, and amazing communication skills took the burdens off of me and quickly got closure. I am forever indebted to this firm for giving me my life back."

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Joann

"Keith Staubus and Julie Blankenship and their team represented me in a jury trial in the probate court where the ownership of the business which I had worked hard to build was at stake. They successfully fought to preserve my business and my professional reputation, working masterfully to gain the support of the jury. I would not hesitate to hire them again in any bet-the-company litigation.”

Karen

"I have required legal representation twice in my life in two separate will contests. Both times I sought assistance from Keith Staubus and Staubus/Randall. Their service, approach, and determination to obtain results exceeded the other attorneys in each case. Mr. Staubus has always come across as genuine while being direct. He gets the process done in a timely manner with results. I will certainly use him again when and if any new challenges arise.”

David

"After my husband's death, I was devastated by having to defend against a vicious dispute over my husband's estate. Julie Blankenship and Keith Staubus made me feel very comfortable in this distressing situation. They were very tough and did an excellent job for me in obtaining a summary judgment in my favor without a full jury trial. I was glad to have them and Diane Walker in my corner to help me achieve an excellent result - I won! If I ever had to go back to probate court, I would hire them again.” - (will and trust construction case)

Flo

"If you need intervention for someone you love but don't know where to turn or who to turn to, Julie Blankenship and Keith Staubus helped me through the most difficult and stressful time in my life with a much loved family member. I now believe that good will triumph over evil. They fought for what was right, and good prevailed." (contested guardianship and will contest)

Janet

"As a professional money manager, I have used Ryan Randall's estate planning services both personally and for my clients. Ryan has exhibited three critical attributes in his work with me: (1) high intellectual capacity, (2) exceptional thoroughness, and (3) a total commitment to integrity. In today's litigious world, it can be quite costly not to "get things done right.” An added bonus to us was that we found one of the nicest people we could imagine.”

John

"I was represented by Keith Staubus as an income beneficiary in a lawsuit with the trustee of a family trust. Utilizing the expertise of a forensic accountant and his own trust expertise, Keith was able to negotiate a judicial modification of the trust providing for the buyout of my income interest for a substantial lump sum payment out of the trust, resulting in a win-win situation for all of the parties. I highly recommend Staubus/Randall for any trust disputes and trust modification actions."

Kathy

"I have been a wealth management specialist and retirement plan consultant with the Dallas/Fort Worth financial community for over 20 years. I have engaged Ryan Randall to work with a number of my best clients over the years, including business owners, professionals and families. My clients always appreciate Ryan’s straightforward approach to estate planning, asset protection planning and business succession planning. He makes even the most sophisticated estate planning strategies understandable."

Larry

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