Probate is a process by which an administrator (personal representative or executor) of an estate (the decedent’s assets), distributes the estate’s assets to the beneficiaries. In Texas, probate is handled by the Texas State Probate Office.
Probate definition: Probate is the legal process of validating a deceased person’s will and administering their estate. Each state writes its probate law.
Probate includes identifying and inventorying the decedent’s assets, paying their debts, taxes, and final expenses, and distributing the remaining assets to their designated beneficiaries.
When someone passes away, the probate court must step in to ensure that their wishes are properly carried out. This includes validating the will, appointing a personal representative (or executor), and making sure that all creditors are paid from the deceased’s assets. During probate, a personal representative — either appointed by the court or named in the will — carries out these duties and oversees the entire process.
Often, people are afraid of drawing up a will and tackling estate planning because of the perceived high cost. However, I like to view it as an investment in my peace of mind. Tomorrow is never promised.
Consulting with multiple attorneys and discussing their fee structures can help you make an informed decision while choosing the right probate attorney for your needs.
In general, the attorney may charge an hourly rate, flat fee, percentage of the estate, or a retainer fee. A detailed explanation about the average cost of a probate lawyer can be found at weareatticus.com. They provide several examples and emphasize the variances between states.
Nothing on LordandHearth.com should be construed as legal advice; please consult a legal professional to guide your family through the probate process.
As of January 1, 2022, the filing fees for Dallas County Probate Court are indicated to be $360.
An executor is a person appointed to collect and distribute assets, pay debts and taxes, and carry out the instructions outlined in the deceased’s will. The executor is most commonly chosen by the deceased in their will; however, if there is no will, the court assigns an administrator to handle these responsibilities.
When choosing an executor during estate planning make sure to pick someone trustworthy and reliable who can undertake all of the tasks that are associated with settling an estate.
This person should be organized, have financial knowledge, and exhibit good judgment. In some cases, they may need to hire professionals such as lawyers or accountants to assist them with certain tasks.
In addition to complying with the wishes of the deceased, an executor must also abide by laws and regulations related to probate.
An executor has a fiduciary duty to act in good faith when managing the assets of an estate for the benefit of its beneficiaries.
The executor / personal representative has the legal authority to enter into a sales contract for the real estate while the probate process is ongoing. However, the proceeds from the sale will not be distributed until the probate process has been completed.
It is possible to sell a house in probate when there is open communication and transparency among the beneficiaries and the probate attorney involved.
If you are interested in selling a property (in any condition), reach out to Lord and Hearth today. We can also negotiate upkeep of the property for the duration of probate to preserve the home and avoid code violation fees. My professional network has you covered!
An executor has a fiduciary duty to act in good faith when managing the assets of an estate for the benefit of its beneficiaries.
When it comes to appointing an executor to manage the probate process, some people may opt to hire a professional executor service. The professional executor can bring objectivity into the equation since they have no personal stake in how assets are distributed or managed. They’re able to remain impartial throughout the entire process which makes them ideal for cases with complex estates or contentious beneficiaries. Professional executors are experienced and knowledgeable in estate law and can provide valuable advice during the process.
Fortunately, many banks offer estate planning services which include professional executor services. Legal fees play a crucial role in the accessibility of quality legal services. In some situations, such as in a civil lawsuit, an individual can appear in court to represent themselves. This is known as appearing pro se.
However, in Texas, an individual isn’t allowed to appear pro se in a probate proceeding where they seek to be appointed executor of an estate for someone who has died.
Section 81.102 of the Texas Government Code prohibits an individual from engaging in the practice of law unless the individual is a member of the state bar (i.e., passed the Texas Bar Exam).
The Texas Government Code defines the “practice of law” as “the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court” (Section 81.101(a), Tex. Gov. Code).
There are rare situations when a person may, without the assistance of the court or court staff, proceed without legal counsel. For example, if the individual is:
This website uses cookies.