Best Probate Lawyers in Missouri City

FAQs

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

  The Missouri City Police Department can be reached at 281-403-8700 for non-emergencies, or 281-403-5868 or crime tips.

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

  Copies of offense and accident reports can be requested via Missouri City’s public records portal: https://missouricitytx.justfoia.com/publicportal/home/track

• Where should probate of a will be filed for decedents in Missouri City?

  According to Section 33.001 of the Texas Estates Code, the venue for the probate of wills should be in the decedent’s county of residence. So, for decedents who resided in Missouri City, the probate should be filed with the Fort Bend County Probate Court located at 301 Jackson St., Richmond, TX 77469.

• What are the types of probate in Missouri City?

  Probate in Missouri City can either be through independent or dependent administration. Independent administration is when the executor designated in the will handles estate transactions and decision-making without having to get the court’s approval. Dependent administration, on the other hand, is when the executor/administrator has to get the court's approval for each decision or action during probate. This is usually the route taken for estates with issues like will contests and transaction disputes.

• What is the deadline to file probate for an estate in Missouri City?

  You have four years from the date of the decedent’s death to file an Application for Probate of their estate. While there is no deadline with it comes to completing the probate process, if the probate estate is still open after 15 months, the executor/administrator may be required to submit an accounting of the estate within 60 days. If you are an executor/administrator, it is advised that you work with a Missouri City probate lawyer to complete the process efficiently.

• How does an estate qualify for a Small Estate Affidavit (SEA) to avoid probate in Missouri City?

  According to Texas Estates Code Section 205.001, if there is no will, and the estate does not include real property apart from the homestead and is valued less than $75,000, it can be distributed through a Small Estate Affidavit instead of probate. The estate inheritors can initiate the SEA after 30 days have passed since the decedent’s death. You can seek counsel from a Missouri City probate lawyer to determine if your loved one’s estate can avoid probate using SEA.

• What is a “probate as a muniment of title,” and when can you use this process in Missouri City?

  Muniment of title is a simplified probate for Missouri City estates with valid wills, no Medicaid claims, and no debts aside from real estate liens. An individual must file the will for probate and request for a muniment of title. A court order and the will's certified copy will be furnished to serve as new deeds, signifying the transfer of the decedent’s assets to beneficiaries named in the will. There will be no need for an executor in this process.

• 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.