Best Probate Lawyers in College Station

FAQs

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

  For non-emergencies, you may contact the College Station Police Department at 979-764-3600.

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

  To obtain a copy of a police report, you may send a mail request to the City of College Station Police Department, Attention: Police Records, PO Box 9960, College Station, TX 77842.

• How are minor beneficiaries' inheritances handled during probate in College Station?

  In College Station, minors (individuals under 18 years old) are prohibited from legally owning real property or being entitled to assets. As a result, if minors are named as beneficiaries, a court-appointed guardian of the estate must be assigned to oversee and control the assets or property until the minor beneficiaries reach the age of 18.

• Is a probate attorney necessary in College Station?

  In College Station, it is generally required for an executor to hire a lawyer for probate matters. This is because they also need to represent the people who will inherit the property and those who are owed money. According to Texas law, only a licensed lawyer is allowed to represent other people's interests in legal matters. If someone tries to handle the legal paperwork and tasks in a probate case without a lawyer, it would be against the law.

• Is there a deadline to complete the probate process in College Station?

  To initiate the probate process for a will in College Station, it is necessary to submit an application within four years after the person's death. After the probate starts, there is no set timeframe to complete the estate administration. However, if the estate remains unfinished for over 15 months, the court can require the executor to provide a detailed report of all estate assets, debts, and expenses. The executor has 60 days to submit this report.

• Is it possible to contest a will during the probate process in College Station?

  Yes. It is possible to contest a will during the probate process in College Station. The decedent's will is filed with the court along with an application for probate. A notice is then displayed at the courthouse for a minimum of 10 days, allowing interested parties to challenge the validity of the will. It is possible to contest a will for a period of up to two years after it has been admitted for probate.

• How do you know if a will has been probated in College Station?

  To know if a will has been probated in College Station, you can visit the probate courthouse in the county where the decedent resided and obtain copies of the probate records from the clerk’s office. Since probate is a public undertaking in Texas, the probate process is not confidential.

• 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.