What is Probate?
If you have:
– Lost someone near and dear, been named as executor, and need to know what to do next
– Inherited and need advice
– Are getting calls from creditors regarding someone deceased
– Have a simple easy estate to complete but are required to have a lawyer (no one beats our customer service!)
Perhaps you are in one of the following situations:
– The family and other heirs are fighting and you need protection
– You have no money except the inheritance you are owed (a contingent fee arrangement)
– You are a Real Estate agent and need help closing a deal because it is stuck in probate
We have the experience to make this doable. We work hard at calming the storm of probate if there is a battle. Protecting the assets from unnecessary waste. Protecting you so you get the inheritance that was intended.
Whether it’s resolving a trust situation, a huge million dollar probate battle, or simply need to get a car or house taken care of — we are here to help!
When Someone dies with a will
If there is a properly drafted will, the estate may qualify for “independent administration.” This is the standard probate procedure and may be completed in 1-3 months. The fees listed above do not include county filing fees and court costs, which typically run between $300 and $350.
Probate of Will as a Muniment of Title
If there is a properly drafted will and the estate has no debts (other than mortgages on real estate), the estate may qualify for this simplified procedure. The fees listed above do not include county filing fees and court costs, which typically run between $300 and $350.
When Someone dies without a will
If there is no will and the estate is worth more than $50,000 (not including the homestead and certain non-probate assets), it may be necessary for a judge to determine who the heirs are. The judge may appoint an “attorney ad litem” to represent the interests of potential or “unknown” heirs. The exact cost depends on the number of heirs and the complexity of the estate but is generally more expensive than probating a will.
Also, if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.
The fee listed above does not include county filing fees, court costs, or the fee of the attorney ad litem.
When Someone dies with a will — but the estate is worth less than $50,000
Small Estate Affidavit
If there is no will and the estate is worth less than $50,000 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure. The cost depends on the number of heirs and the difficulty in reaching them but is generally much less expensive than an heirship proceeding.
For this low price, you would be responsible for arranging with heirs to get all signatures and appropriate notaries completed. (We can notarize for free of course when scheduled)
Warning: if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.
Questions and Answers about Probate
Do you represent someone being denied their inheritance?
Our firm has experience in probate litigation. We charge an hourly fee of $300 for litigating battles over the inheritance. There is no way to know how long the battle may last. A non-refundable initial retainer of $3,000 is required. You would have to replenish the retainer when it is exhausted. Call for a free consultation.
If the estate is worth more than $50,000, the case may qualify for a contingent fee arrangement. You would be responsible for court costs of around $300 or more, but the attorney fees are covered by a portion of the proceeds if we win the case. No cost if we do not win other than court costs.
Call and arrange for a free consultation with the attorney to discuss your situation.
Do you represent someone without any way of paying?
If the estate is worth more than $50,000, you may qualify for a contingent fee arrangement. Call for a free discussion with the attorney. This is commonly referred to as a contingent fee agreement with the attorney where the attorney is paid a percentage of the estate as payment for services.
Do you help people from out of state who have property in Texas and need a probate?
Yes, we have experience in these cases — both cases with a fight or without a fight. In fact, there is a chance you may not need to travel to Texas at all. We can handle the real estate transfers for you without fuss.
Enjoy our articles on Probate . . . .
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