Probate
Experienced and Caring Austin Probate Attorney
Advocacy with Empathy
The tragedy of losing a loved one is always difficult to deal with, and the complicated legal system of probate will undoubtedly add to your frustration and stress. If you are facing probate due to the loss of a loved one, having an experienced attorney on your side to guide you through the process will save you time and energy, and allow you to focus on what really matters: Your family.
Compassionate and Knowledgeable Probate Guidance, from A-Z
- Dependent administration of estate: One of the less common forms of Texas probate, either requested by the executor of the estate or required by other circumstances of the case, this lengthy process is one in which the court is heavily involved in supervising all aspects of the estate administration.
- Independent administration of estate: Opposite to dependent administration of estate, and much more common, this process allows the executor a lot of room to handle steps themselves and make decisions without court supervision. As long as there are no objections to this process and the will does not specifically forbid it, it is a much faster way to resolve matters compared to a dependent administration.
- Muniment of title: Generally the fastest way to probate a will, muniment of title is an abbreviated, straightforward process which allows estate property to transfer to beneficiaries without any need for estate administration. Among other factors that may make this an appropriate procedure, a valid, written will is required, as well as the decedent having no debts other than his or her house.
- Letters Testamentary: This document grants an executor (or administrator if decedent did not have.a valid will) the legal authority to administer an estate on behalf of a deceased loved one. During a probate case, the court issues Letters Testamentary to a requesting party if it finds that person qualifies to act in such a capacity. Transferring title in retirement accounts, investment accounts, bank accounts, and other financial and real estate transactions often requires Letters Testamentary.
- Small estate procedure: If a decedent did not have a will, and if the value of the estate is less than $75,000, a Small Estate Affidavit may be appropriate in lieu of full administration of an estate. A full accounting of the estate’s assets and liabilities must be provided, and the court must be satisfied with the disclosures before an Order approving the Affidavit will be issued. This Affidavit and Order allows an heir to skip probate entirely and transfer certain assets to heirs as determined by the Texas Estates Code.
- Intestate proceedings: Even if your deceased loved one did not have a valid will, there are various different ways that we can help you discharge debts and change asset titles. They include heirship affidavits, determinations of heirship, and intestate administrations of estates.
Probate can be Complicated
No matter what form of probate you are facing, you must remember that often a court must be petitioned before you can do anything with your loved one’s assets. Many times, other questions arise such as “what happens to decedent’s house while the probate case is pending?” or “can my loved one’s creditors come after me for repayment of debts?” There are many other issues that can arise while trying to transfer title in your loved one’s assets. These are just some of the reasons you need to have an experienced attorney on your side to get the ball rolling quickly and guide you through the process.
Contact Me Directly to Schedule a Consultation
Your situation is unique and needs to be treated as such. You need an attorney who will break down your case, explain all of your options and offer advice for how to achieve the best possible outcome in the fastest, most inexpensive way possible. At the Law Office of Kara Borchers Jones, PLLC, we give you the knowledge and guidance you need to make your own decisions regarding every aspect of the probate and estate planning process.
Contact our firm by email at info@borchersjoneslaw.com or by calling 512.337.5030 to schedule a consultation and go over your needs and desires more in depth.
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