Best Probate Lawyers in Corpus Christi

FAQs

• What is the non-emergency contact number for the local police station in Corpus Christi, Texas?

  The Corpus Christi Police Department can be reached at (361) 886-2600 for non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Corpus Christi, Texas?

  You can request a police report online through the City of Corpus Christi’s official website or at https://form.jotform.com/203504262056042

• Can you have an executor removed from the probate process in Corpus Christi?

  Under Texas Estates Code Section 304.003 (5), the court or an interested person can request the removal of an executor named in the will if the person is found unsuitable. Some of the reasons a Corpus Christi executor may be removed according to Texas Estates Code Section 404.035 are the following:

  • Failure to conduct the required estate accounting
  • Gross mismanagement of executor duties
  • Incapacity
  • Getting incapacitated or a prison sentence
  • Conflict of interests leading to incapacity to perform fiduciary duties

• Do you have to pay taxes on assets you inherited from a probate estate in Corpus Christi?

  Texas does not require inheritance taxes to be paid for assets from a probate estate. However, if the assets you inherited from the estate are located in a state that requires inheritance tax, you may have to pay. It is advisable that you consult with a Corpus Christi probate lawyer about the tax liabilities that may come with your inheritance.

• Where should you file the application for probate in Corpus Christi?

  According to Texas Estates Code Section 33.001, the application should be filed with the probate court in the county of the decedent’s residence. For the estates of Corpus Christi residents, probate is filed with the Nueces County Courts at Law located at 901 Leopard St., Corpus Christi, TX 78401. Probate can also be filed in these courts if the decedent was not a resident of Corpus Christi but owned real property in the city.

• Is there a deadline for the estate executor/administrator to have the assets distributed in Corpus Christi?

  The distribution settlement must be completed within three years from the date the Letters of Testamentary or Administration were issued. Interested parties can request an accounting of the estate 15 months after the issuance of letters. If you think the probate of your loved one’s estate is unreasonably delayed, seek the assistance of a Corpus Christi probate lawyer to check on the estate’s status.

• Do you need an attorney to probate an estate in Corpus Christi?

  If you are an appointed estate executor/administrator in Corpus Christi, then you need an attorney to probate an estate. Texas allows representation for yourself, “pro se” in legal jargon, but if you are representing the interests of others you are required to have legal counsel. An executor/administrator is working in a fiduciary capacity for the interests of the estate and its beneficiaries, heirs, and creditors, hence the need for representation from a licensed probate lawyer.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.