Probate

Probate Attorneys in Rockwall and Wylie

Knowledgeable lawyers assist with the settlement of Texas estates

The death of a family member triggers numerous emotional and practical challenges. One of the most important is the legal responsibility to transfer property owned by the decedent to the appropriate heirs through the legal process known as probate. Each estate is unique, but no matter whether the distribution seems simple or complicated, it is important to work with knowledgeable attorney. At Grob & Associates Law Firm PC in Rockwall and Wylie, we advise executors, administrators and heirs on a full range of Texas probate matters.   

Understanding what probate entails

An individual named as executor in the will of someone who just died is responsible for filing that document in the court of the county where the decedent lived. From there, the will is validated and the executor will likely be appointed as personal representative for the estate. If no valid will exists, someone close to the decedent will be named to oversee the transfer of the decedent’s property, including the title to any real estate owned at the time of death. Before the estate can be closed, the decedent’s assets must be legally transferred and their debts and any claims against them must be resolved. Heirs must be notified, and the personal representative might have to address disputes involving actual or purported beneficiaries. The personal representative must keep an accurate, detailed account of assets and transactions, and distribute the property in accordance with the will’s terms or intestacy provisions once they receive authorization to do so. 

Texas firm helps clients identify the most appropriate probate process

You can rely on our firm for sound, personalized guidance on what method of probate best fits your circumstances. We’ll take a close look at your situation and can advise on the following:

• Dependent administration — Within Texas, dependent administration is the form of probate that demands the most interaction with the court. This path might be appropriate In cases involving substantial assets, significant debts or disputed claims. In dependent administration, the court must specifically approve various types of estate transactions, so it is vital to retain an attorney familiar with the relevant procedures. 
• Independent administration — Though independent administration is also supervised by the court, the personal representative has more leeway to manage specific estate matters without first getting approval of the judge. 
• Small estate affidavit — Should a person die with $75,000 or less in property, their estate can be settled through a small estate affidavit rather than formal administration. Homestead property, exempt assets and items that are transferred outside the estate are not included in this amount. 
• Heirship proceedings — Property of an intestate decedent passes to family members based on a priority system set forth by Texas law. A determination of heirship proceeding is used to define who is an appropriate heir based on their relationship to the decedent. 
• Affidavit of heirship — In cases where someone dies without a valid will, title to an asset such as real estate or a vehicle might be transferred to an heir outside the probate process through an affidavit signed by two disinterested witnesses familiar with the situation. 
• Muniment of title —When the decedent has no unsecured debts and assets that can be transferred simply, muniment of title is an abbreviated method of probate that reduces time and expense. 

Whatever path is right for your case, our firm will assist you with the highest degrees of efficiency and professionalism. 

Probate problems that can arise without effective legal counsel  

You might believe that if a decedent lacks great wealth or complex plans for asset distribution, that probate will be very simple. However, even legal matters that seem straightforward can become costly problems without skillful guidance. Shifting title to real estate is a detailed process that must adhere to strict legal requirements. If property is not inventoried correctly or delays occur because the personal representative of the estate is unsure about what needs to be done, they could be held personally liable for squandered assets. Unsteady estate administration also makes the possibility of litigation more likely, but our experienced Texas probate lawyers can help you avoid critical errors. 

Knowledgeable lawyers handle a wide range of estate challenges

Just because someone has formulated an estate plan does not guarantee an orderly probate process. Allegations of fraud, undue influence, mistake or lack of capacity can tie up an estate for months or years. In some cases, legal documents have not been updated to reflect significant family law matters, such as divorces or adoptions. We are skillful litigators who offer exceptional advice and advocacy during these situations. Succession of business interests also frequently lead to serious conflicts. Our business law experience makes it easier to manage situations where ownership of a closely held company or another type of business asset is part of the estate. 

Contact an accomplished North Texas probate lawyer

Grob & Associates Law Firm PC assists North Texas executors, administrators and beneficiaries in a full range of Texas probate matters. Please call 972-777-5701 or contact us online to schedule a consultation. Our offices are in Rockwall and Wylie.