MSJ

Probate Administration

What is probate? We get this question a lot - probate is a court process in which legal title to property is transferred from a person’s estate to his or her beneficiaries. Often people believe that if you have a will the beneficiaries in the will are automatically the owners of the property and the executor in the will has the power to transfer estate assets to them. A will must be admitted to probate and the executor appointed by court order to have any authority to act on behalf of the estate. Whether or not you need to go through probate depends on the nature of the assets and how they are titled. There may be alternative methods to avoid a formal probate administration.

Our firm has extensive experience handling probate matters for people whose loved ones pass away with or without a will. We will guide you through the probate process and assist you with:

1. Determining the right process for your circumstances;
2. Having an executor or administrator appointed by the probate court, and if there was no will, obtaining a ruling from the court to determine the rightful heirs;
3. Filing all necessary court documents;
4. Collecting assets of the estate and obtaining valuations;
5. Working with creditors of the estate to resolve debts and expenses;
6. Filing estate income and estate tax returns;
7. Changing title to property and accounts; and
8. Distributing assets according to the will, or if there was no will, according to the laws of Texas.