Best Probate Lawyers 2022
Hendershot Cowart & Hisey, P.C.
Hendershot, Cowart, & Hisey PC serves clients in San Antonio and throughout its surrounding areas. The firm handles several practice areas, including estate planning and probate law. Its attorneys have handled a wide array of probate cases, including those involving guardianship proceedings, family limited partnerships, heirship, and power of attorney. Other practice areas include health and medical law and business litigation. Managing partner Try Hendershot was named one of Houston's Top Lawyers of 2018 by H Texas Magazine.
The Law Office of Gilbert Vara, Jr.
The Law Office of Gilbert Vara, Jr. in San Antonio handles probate proceedings and estate planning, including administering estates and appointing guardians. Vara is a probate attorney well-versed in the legal matters of clients who live with a loved one's loss or incapacity. He and his staff advise on administering an estate, considering the client's life and finances. Vara has practiced law for over 30 years and has represented his clients before the Texas and United States Supreme Courts.
The Premack Law Office
The Premack Law Office is a probate and estate planning law firm that serves clients in the San Antonio area. The firm handles cases that involve probate issues that include affidavits of heirship, administrations, and independent executor appointments. Additionally, the Premack Law Office provides legal counsel and representation in elder law and asset protection cases. Attorney Paul Premack was named one of the Top Attorneys in Texas in 2019, as well as one of the Top 100 Lawyers by the National Advocates.
Law Offices Of Thomas G. Bassler, P.C.
The Law Offices Of Thomas G. Bassler, P.C., has been serving clients in San Antonio and its surrounding areas since 1988. The firm helps individuals in all matters regarding the settlement of a decedent’s estate, including probating of a will, dependent and independent administrations, small estates affidavits, and muniment of title actions. In addition, it specializes in estate planning for asset protection and distribution to heirs. Its principal attorney is certified in estate planning and probate law by the Texas Board of Legal Specialization.
Carroll & Hinojosa, PLLC
Carroll & Hinojosa, PLLC, is a law firm that serves clients in San Antonio. Since 1988, it has been providing tailored legal solutions in the areas of probate administration and estate planning. The firm's attorneys assist clients with analyzing estate documents, settling debts and taxes, and identifying rightful inheritors. In addition, they represent clients in court and fight for their rights in case disputes arise. One of the firm's managing partners, George Carroll, has been admitted to the US District Courts for the Western and Southern Districts of Texas.
The Law Offices of Carol Bertsch, PC
The Law Offices of Carol Bertsch, PC, assists seniors, people with special needs, and their families in San Antonio in preparing for challenges surrounding aging and other life concerns. When clients lose their loved ones, the firm's lawyers walk the surviving family members through the probate process. Its services include determination of heirship, muniment of title, and independent and dependent administration. Other practice areas are long-term care and estate planning and special needs trust. The firm's namesake, Carol Bertsch, has been a Certified Elder Law Attorney since 2012.
The Whitley Law Firm
The Whitley Law Firm provides a range of legal services to the people of San Antonio. The law practice takes a personal approach in assisting clients throughout the probate process and all legal matters regarding the estates of deceased loved ones. It also advises clients on estate planning and prepares wills and trusts to prevent the complex probate procedure. The firm also deals with the estate planning of members of the LGBTQ community. Founding attorney Deanna L. Whitley started her legal career in 1992 practicing criminal law.
Skeen Law Estate Planning & Probate
Skeen Law Estate Planning and Probate offers legal services to families and residents in San Antonio and the surrounding communities. Amanda Skeen assists clients in creating their wills or living trusts, as well as setting up their Medicaid, incapacity, and special needs plans. A member of the National Academy of Elder Law Attorneys, Skeen decided to focus on probate law following the untimely death of her father, which made her realize the importance of a well-thought estate plan.
Law Office of Yvette M. Salinas Law, PLLC.
The Law Office of Yvette M. Salinas Law, PLLC. caters to individuals and families in San Antonio and nearby communities. It assists clients in navigating various probate processes, including probate of will, small estate affidavit, affidavit of heirship, muniment of title, and the determination of heirship. The firm also handles property law matters, such as gift deeds, contract review, lease review, and quit claim deeds. Yvette is a member of the Real Estate, Probate, and Trust Law Section of the Texas State Bar.
Law Offices of Ryan Reiffert, PLLC
The Law Offices of Ryan Reiffert, PLLC, offers legal services in probate cases for individuals and businesses in San Antonio. The firm's attorney Ryan Reiffert helps clients throughout the legal process, from taking an inventory of assets and providing guidance in handling non-probate assets to drafting the required petition according to the proceeding being pursued. He has appeared on numerous media outlets throughout his nine years of practice, and these include Forbes, New York Post, and the Atlanta Business Journal.
Langley & Banack Incorporated
Langley & Banack Incorporated is a multi-practice law firm that handles estate planning and fiduciary law matters in San Antonio. It helps develop appropriate plans to transfer decedents' wealth to chosen beneficiaries. It represents clients in various types of fiduciary and inheritance disputes like will contests, trust contests, power of attorney abuse, and non-probate transfers. Arthur H. Bayern is a shareholder at Langley & Banack. He was certified by the Texas Board of Legal Specialization as an estate planning and probate law specialist.
Clausewitz Reyes Attorneys at Law
Clausewitz Reyes Attorneys at Law serves clients throughout San Antonio. This law firm deals with legal matters involving probate and estate planning. It also deals with guardianship and estate administration issues, working with the family of decedents in determining how the property will be distributed or transferred to beneficiaries. Additionally, the firm handles cases in the areas of real estate, business, and labor and employment law. Firm principal Tiffanie S. Clausewitz is a member of the National Association of Women Lawyers.
Riley & Riley, Attorneys at Law
Riley & Riley, Attorneys at Law offers legal services to individuals and businesses in San Antonio. The firm helps with probate administration, which is the distribution of a deceased loved one's assets to beneficiaries. It handles issues like disputes among beneficiaries and the determination of heirs. Clients can also ask the firm to draft a will and set powers of attorney. In addition, its lawyers litigate cases involving real estate, wrongful foreclosure, personal injury, employment, and environmental law.
Pedro V. Hernandez, Jr.
Pedro V. Hernandez Jr. is a San Antonio lawyer who has been providing legal advice and representation for 30 years. He assists families throughout the probate process, from application filing with the probate court and strategizing for estate settlement to finding the beneficiaries, collecting debts for the estate, and paying estate taxes and creditors. He also handles the protection, management, valuation, and liquidation of the estate. Hernandez has served as a San Antonio Bar Association board member.
Wilson Brown, PLLC Attorneys at Law
The Wilson Law Firm is a San Antonio law firm that handles matters of probate in the city and nearby communities. It educates the families of deceased members about the probate process for those with and without wills. For those with wills, the firm guides the executor in all their tasks, from inventory collection to asset distribution. For those without, the attorneys help each client appoint either an independent or dependent administrator. Established in 1983, the Wilson Law Firm's other services include family law and adoption law matters.
Roberson Duran Law, PLLC
Roberson Duran Law, PLLC, is a practice serving clients in San Antonio. The firm provides sound legal advice for individuals who wish to protect their assets. Its lawyers can assist with preparing for wills, arranging guardianships, and drafting powers of attorney. In addition to probate, its legal team handles mediations, divorce, and family law matters. Roberson Duran Law is led by Jaclyn Roberson and Laura Duran. Roberson and Duran welcome clients from all walks of life, including people of color and members of the LGBTQ+ community.
The Law Office of Kevin H. Berry P.C.
The Law Office of Kevin H. Berry P.C. is a firm serving the San Antonio metro. Its lawyers handle probate administration, including collecting life insurance proceeds, appraising properties, and finding the assets. They also assist clients in paying the bills and debts, filing documents as required by the probate court, and dividing the assets between the heirs. Real estate and business law are the firm's other practice areas. The company has over 30 years of experience in the field, with triple board-certified lawyers.
Laura D. Heard Law Firm Inc.
Serving San Antonio, Laura D. Heard Law Firm Inc. offers probate assistance to individuals whose deceased loved ones have unsettled properties. It helps clients transfer a deceased family member's properties and assets to the inheritors. Laura D. Heard, the attorney, determines the validity of a deceased person's will, secures the decedent's property, and appears in court on behalf of the surviving family members. Heard has been practicing law since 1987. She won the 10 Best Attorneys in Texas award in 2019.
Heard & Smith, LLP
Heard & Smith, LLP is a law firm that caters to clients in San Antonio and the surrounding communities. This practice deals with cases involving probate, assisting clients in filing and preparing required documents. It also handles inheritance issues and offers services for complex litigation matters. The other practice areas of the firm include estate planning, guardianship, and Social Security disability. Founding partner John R. Heard is board-certified in civil trial law by the Texas Board of Legal Specialization.
Tessmer Law Firm P.L.L.C.
Serving San Antonio, Tessmer Law Firm P.L.L.C. provides legal representation in various areas of family law. It assists clients in estate planning and probate, divorce, child custody, and adoption matters. The firm helps in writing wills, medical directives, and powers of attorney. It also handles business formation, litigation, employment issues. Heather Clement Tessmer, the founder, opened the firm in 2005. Since then, the practice has expanded its legal services and now has a team of five lawyers.
Packard Law Firm
Based in San Antonio, the Packard Law Firm provides clients with special needs and estate planning services. Its attorneys help clients draft legal documents, such as special needs trusts and guardianship, that create a support system for their designated beneficiaries even after death. They also guide clients through the estate administration and probate process. Alison Packard, one of the firm's attorneys, is a member of the National Academy of Elder Law Attorneys (NAELA) and the Special Needs Chapter of the Texas NAELA.
Law Offices of Jon R. Disrud
The Law Offices of Jon R. Disrud handles probate matters in San Antonio and the neighboring communities. It guides heirs and families to contest the estate of their deceased loved ones. It also represents clients in probate litigation, heirship proceedings, and estate administration. The law firm investigates the cases to resolve probate disputes involving improper allocation and breach of fiduciary duty. Founding attorney Jon R. Disrud is also a family law specialist with over 30 years of experience in the legal field.
San Antonio Probate Attorney Kreig Mitchell LLC
San Antonio Probate Attorney Kreig Mitchell LLC concentrates its practice on probate and tax matters. It assists individuals in the metro in administering wills and resolving property disputes, will and trust contests, and breaches of fiduciary duty. The firm also helps with estate and tax planning, guardianships, intestate estates, and property transfers. Kreig Mitchell is a member of the Texas College of Probate Lawyers. He supports his clients in overcoming difficulties with their late loved ones' legacies through compassionate representation.
Chamberlain, Hrdlicka, White, Williams & Aughtry
Chamberlain Hrdlicka provides an array of legal services to businesses and individuals in the San Antonio area. One area of practice at this firm is probate and fiduciary litigation, in which its attorneys handle complicated claims in matters such as disputed estate claims, asset recovery, and wills and trust interpretation. The firm was named one of the Best Law Firms in 2020 by U.S. News and World Report and practices in several other legal areas, including intellectual property and real estate law.
The Voeller Law Firm
The Voeller Law Firm in San Antonio provides probate and estate administration services to clients in the city and throughout its surrounding areas. The firm handles a wide range of probate cases, including those in which a will is contested or a deceased individual has not left a last will and testament. Its attorneys are experienced in aiding with guardianship, division of assets, and other issues that come with estate administration.
McCammon Law, P.C.
McCammon Law, P.C., is a firm offering traditional and virtual estate planning services in San Antonio and its surrounding communities. It assists individuals and families in navigating through the process of trust administration, asset protection, charitable planning, business formation, and wills and trusts. Its practitioner, Shawn McCammon, helps clients in devising a strategy for preparing for different stages of their lives, protecting their loved ones, and preserving their assets. He provides legal tools, information, and strategies through a dedicated software called WealthCounsel.
Melina Rodriguez Law, PLLC
Melina Rodriguez Law, PLLC, is a general practice firm serving clients in San Antonio. It caters to individuals who have been appointed as executors of probate cases. The firm's founder and managing attorney, Melina Rodriguez, deals with testate (with wills) and intestate (without wills) probate proceedings. She also helps draft estate planning tools like trusts, wills, powers of attorney, and advanced medical directives. Before becoming a lawyer, Rodriguez had worked as a legal assistant at the Law Offices of Abel A. Dominguez.
Shann M. Chaudhry, Esq. Attorney at Law PLLC
Shann M. Chaudhry, Esq. Attorney at Law PLLC is a boutique firm that serves San Antonio and nearby locations. It helps clients navigate the process of probate, which involves distributing assets, establishing will validity, and settling debts with the estate's creditors. Its team also offers mediation services to resolve issues among beneficiaries. Other services include estate planning, estate administration, and trustee representation. The law office is headed by Shann Chaudhry, a San Antonio Estate Planner’s Council member.
Law Office of Lacey P. Whitten
The Law Office of Lacey P. Whitten has been representing clients in the area of probate since 1993. The firm provides solutions to families that will help expedite the efficient transfer of estate assets while minimizing income and taxes. It also guides individuals in preparing estate planning tools such as wills, trusts, advanced healthcare directives, and powers of attorney. Founder Lacey Whitten serves as the board president of Kathleen Whitten Ministries. He caters to the residents of San Antonio.
Expert Answers To Common Questions:
- What does a probate attorney do?
- What is probate court?
- How long do you have to file probate after death?
- Does life insurance go through probate?
- Do household items go through probate?
- Do bank accounts with beneficiaries have to go through probate?
- What happens if no probate is filed?
- What is probate real estate?
- Can I probate a will or estate without an attorney?
- How many years can an estate remain in probate?
- When is a will's probate an automatic process?
- What does it mean when property is under probate?
- Q: What does a probate attorney do?
- A: 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.
- Q: What is probate court?
- A: 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.
- Q: How long do you have to file probate after death?
- A: 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.
- Q: Does life insurance go through probate?
- A: 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.
- Q: Do household items go through probate?
- A: 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.
- Q: Do bank accounts with beneficiaries have to go through probate?
- A: 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.
- Q: What happens if no probate is filed?
- A: 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.
- Q: What is probate real estate?
- A: 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.
- Q: Can I probate a will or estate without an attorney?
- A: 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.
- Q: How many years can an estate remain in probate?
- A: 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.
- Q: When is a will's probate an automatic process?
- A: 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.
- Q: What does it mean when property is under probate?
- A: 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.
