Probate is a process used by the courts to carry out the will of someone who has died, see that assets are distributed fairly among any beneficiaries, and pay any outstanding debts that the person that passed away might have left.
If the loved one passed away in Texas, many heirs need clarification on whether they should acquire the aid of a probate attorney during probate because they are not familiar with the procedures. Under the Texas state laws, a will can be probated without an attorney. However, it is important to note that the probate process is extremely complex and will need a considerable amount of time and expertise in probate law. Because of this, many people decide to obtain the services of a well informed and well trained Texas probate attorney.
The advantages of using a Texas Probate Attorney
Heirs that are looking to probate a will in Texas are advised to contemplate hiring an attorney. Some of the advantages of obtaining the help of a Houston probate attorney include the following:
* Your attorney can be present at all of the necessary appearances in court to converse with the judge about the estate
* The attorney will file all necessary probate applications to the court, which includes: the application to probate a will, orders needed to admit the will to probate, the inventory, appraisement and list of claims, and additionally, the application to set up an allowance for relatives
* An attorney will make a list and have appraised all estate assets so that the correct value is established
* Prepare and send out notices to the creditors of the estate, this will also include placing the notice in a few newspapers for public reference
* If needed, an attorney will make arguments to the court
* And much more.
If you decided to enter into a Texas probate without hiring a probate attorney, you would have to commit to all of these tasks, in addition to maintaining any current commitments in your life.
Deciding to Probate a Will Without an Attorney in Texas
If an estate is relatively simple to deal with and if you have a clear awareness of the forms needed, with limited guidance, you could attempt to deal with the probate without an attorney. However, for complicated estates, you will more than likely need to get legal assistance. If you choose not to hire a professional to guide you through the probate process, you could be held personally liable for any of your mistakes during the proceedings.
Some of the issues that may arise include:
* When guardians must be appointed to minors when they are left property
* Complications with tax
* When taxes are left unpaid by the deceased
* The will may include wording that is ambiguous or unclear
* And problems with people claiming unpaid debts on the deceased.
A skilled probate attorney can give you a positive probate process. The heirs of an estate can expect to receive their allotted share when the wishes of the deceased are carried out as they were intended. The help of a a probate attorney streamlines the probate process.