Probate
Nothing can prepare us for the loss of a loved one.
The profound grief you may be experiencing can make it difficult to know what to do and where to turn. There is so much to be done. Burial arrangements. Memorial services to plan. Then going through the house. Searching for a Will. Sorting through sentimental items. And then the questions.
What do we do with the Will we found? What’s to be done if we didn’t find a Will? Where can we find experienced and respected counsel?
At Breshears Law, we are here to help! If you find yourself facing the need to settle a loved one’s estate in probate, we want to take that burden from you.
Probate of a Will
Did you know that:
leaving a Will does not keep your family out of probate court?
a Will is not effective just because it was properly signed?
a Will has to be approved by a probate judge before an executor can be appointed?
So what is Probate anyway?
Probate is the legal system in which the affairs of a decedent are settled in court.
His or her property is collected, bills paid, and a determination made about who is legally entitled to receive the decedent’s remaining assets.
If the decedent left a valid Will, the decedent’s will determines who will inherit.
In the absence of a Will, a probate court will decide who the heirs are, based on Texas law.
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Yes. In most probate cases, when one person is going to represent the interest of the estate and its beneficiaries, the law requires that person to be represented by an attorney.
Even when it is not required, such as when the sole beneficiary of a Will probates the Will as evidence (muniment) of title only, it is advisable to have proper legal representation.
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This is one of those instances where the short answer to a legal question is, “It depends.”
In probate it depends on whether your loved one left a valid Will. For example, the probate of a Will is typically less expensive than the probate of an intestate (a person without a will) estate.
The complexity of a probate also plays a key role in determining how much the case may cost. Probating the Will of a person with a sizable estate is going to be greater than the probate of a simpler, less extensive estate.
Probating a Will involving an estate where the decedent left no unsecured debt is less costly because that Will can be admitted to probate as muniment (evidence) of title only. No executor is appointed because no administration is required. The only thing you may need is for the Will to provide evidence of who inherited the estate assets.
The ultimate cost of probate also can depend on how your lawyer handles billing. Does the attorney bill by the hour? Then there is no way to know in advance how much the case may cost.
If the lawyer charges a fixed, flat amount for the entire project, then you know in advance what the total cost of the process is likely to be.
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We choose to handle the vast majority of our probate cases for a fixed, flat price. These one-time payments cover:
Selecting the proper probate procedure
Gathering relevant facts and information
Preparing and filing the proper Application for relief from the court
Preparing witnesses for testimony and reducing their testimony to writing
Preparing court documents required for your hearing
Preparing the court Order granting the relief we requested
Preparing and filing notices to secured creditors, notices to unsecured creditors
Preparing inventory appraisement and list of claims
Communicating with our clients, court and creditors
Advising our client concerning distributions of assets
All other related tasks required to secure a favorable conclusion to your case