Best Probate Lawyers in Houston

FAQs

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

  The Houston Police Department can be reached at (713) 884-3131 for non-emergencies.

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

  To request a copy of a police report, visit the Houston Police Department Records Division located on the 1st floor of the Edward A. Thomas Building at 1200 Travis Houston, Texas 77002. You can also mail your request to the same address, email it to hpd.openrecords@houstonpolice.org, or fax it to (713) 308-9150.

• When should you file the decedent’s will for the probate process in Houston?

  The decedent’s will, along with the application for probate and death certificate, must be filed for probate in Houston within four years of the decedent’s death. This is according to Texas Estates Code Section 256.003(a). The will must be probated in order to receive the Letters of Testamentary or Administration, which authorize the estate executor or administrator to manage the decedent’s estate as indicated in the will. If the will is not filed within four years, the decedent’s estate will be distributed according to Texas intestacy laws.

• Who will administer an estate in Houston if the decedent did not specify an executor on their will?

  If there is no executor indicated in the will, a dependent administrator for the decedent’s estate will be appointed by the court. The “dependent” part means the administration of the will be closely monitored by the court. The dependent administrator will have to get approval from the court for every transaction during the probate, from the sale of properties in Houston and payment of debts to the distribution of inheritances.

• Where do you file a probate application in Houston?

  According to Texas Estates Code Section 33.001, the venue for probate should be the county where the decedent was residing at the time of their death. If the decedent’s residence is in Houston, the filing must be made with the Harris County Clerk. The County Clerk’s office is located at Harris County Civil Courthouse, 201 Caroline St., Houston, TX 77002.

• When can you use the Small Estate Affidavit form to probate the decedent’s estate in Houston?

  The Small Estate Affidavit is used to administer a decedent’s estate in Houston if there is no will and the estate is worth no more than $75,000. The calculation of the $75,000 threshold should not include exempt assets. Texas Property Code Section 205.001 and 42.001 identifies exempt assets as: Decedents with surviving spouse and children – Homestead used by the spouse and children; personal property valued up to $100,000 Single decedents – Personal property valued up to $50,000

• Are executors paid for managing a probated estate in Houston?

  Yes. According to the Texas Estates Code Section 352.002, estate executors in Houston can receive 5% of the estate’s gross fair market value as their commission. The executor can petition for a higher commission if the 5% is not commensurate to their responsibilities. The executor can also choose to waive the commission or lower the percentage.

• 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.