Best Arlington, TX Probate Lawyers

FAQs

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

  You can reach the local police station in Arlington for non-emergency concerns at 817-274-4444.

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

  Visit https://arlingtonpd.org/webapps/publicreport/ to obtain a copy of a police report related to your case in Arlington. Most reports can be found in the Police Records 72 hours after they were made. You can also request it in person at the Arlington Police Department Records Division or email requests at Police.Records1@arlingtontx.gov.

• How does establishing a trust impact probate in Arlington?

  When you pass away, the property held in trust does not have to go through probate in Arlington. This can save your family time and money because they won't have to wait for probate to be finished before receiving the property. A living trust allows you to transfer ownership of your residences, undeveloped land, savings and checking accounts, and money markets. Also, if you designate yourself as the trustee, you will have access to those assets throughout your lifetime.

• What are the different methods of probate administration in Arlington?

  There are three types of probate administration in Arlington. First is dependent administration, where the court closely supervises this probate. The administrator needs court approval to sell property, pay debts, and more. Second is independent administration, which is the most common method. This approach is cheaper than dependent administration since the administrator rarely goes to court or posts bail. Third is the Muniment of Title, wherein no executor or administrator distributes property. After confirming the will's validity, the court issues an order transferring title to the intended beneficiaries.

• Does a will always need to be probated in Arlington?

  A will usually goes through probate in Arlington; it must be probated if assets are solely in the name of the deceased in the estate. According to the Texas Estates Code, a will cannot be used to show ownership or right to possession of any property that the will gives away until admitted to probate. However, this might not be the case if the estate is worth less than a certain amount, usually between $20,000 and $40,000.

• Can a third-party executor change the way an estate is divided in Arlington?

  No, because a third-party executor in Arlington must carry out the wishes of the testator. An executor is required to do the following after initiating a probate process and gaining Court authorization to operate on behalf of the estate:

  • Gather and inventory the testator's assets
  • Receive and pay valid claims of creditors and tax collectors
  • Distribute the remaining assets to the decedent's beneficiaries as directed by the testator in the will

• In Arlington, is a property that a married couple owns in another state regarded as separate or community property?

  If the married couple bought the property while living in Arlington or anywhere in Texas, it would be considered community property. According to Texas law, all assets and income that both spouses accumulated throughout the marriage are community property. On the other hand, it is a separate property if acquired through gift or inheritance.

• 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.