The Texas Estates Code (formerly the Probate Code) governs the procedures for handling the probate of a loved one’s will as well as the procedures to establish a guardianship of a person and/or their estate. Our lawyers understands that both of these situations can be very stressful and require an attorney that can comfortably navigate you through these sometimes complex procedures. We will help you resolve your probate issues in Galveston County, Harris County, and surrounding counties.
Probate & Guardianship
Probate of a Will in Texas:
In most situations a person initiates the probate process by filing the decedent’s Will in a probate court. A Will is a legal document by which a person, the ‘testator’ expresses their final wishes in writing and appoints an ‘executor’ who will manage the estate, execute the testator’s final wishes, and make the final distributions from the estate. In most cases the named executor has four years to admit the decedent’s Will into probate.
The Estates Code provides several options for probating a Will. The Estates Code provides that a Will may be probated in order to initiate an Independent Administration of the estate; the Will may be filed as a Muniment of Title; a Small Estate Affidavit may be filed; or in some cases there may not be any probate action required at all. The Estates Code also provides options for resolving the estate of a person who passes away with no Will at all. Our attorney will thoroughly review the potential outcomes and goals with the executor or surviving heirs in order to select the most appropriate procedure to accomplish your specific goals.
In some instances the executor may be simply trying to clear title to a particular piece of real property (i.e. house(s)/acreage). If this is the case then the executor may simply want to probate the Will as a Muniment of Title. The purpose of admitting the Will to probate as a Muniment of Title is to create a chain of title where the property owned by the testator/decedent is transferred to the beneficiaries named in the Will. To select this option there must be no debts owed by the testator and the testator must not owe medicare for any past services. This option might be the best choice as it require less involvement than other forms of probate, and it will serve to transfer title to the real property to the designated beneficiaries in the Will.
If the testator/decedent has unpaid debts; has bank/financial accounts that cannot be accessed; or the testator has other unfinished business, then the executor may need to initiate an Independent Administration. Once an Independent Administrator, or Executor, is appointed the Court will issue Letters Testamentary. These Letters allow the Estate Representative to execute the final wishes in the Will. This may consist of selling property, closing account, winding up business, and/or addressing any debts of the estate. We will be with you every step of the way to guide you through this process.
We understand that this can feel very overwhelming and we are here to help you navigate through this process. Let us do the heavy lifting for you. To discuss your probate options feel free to call us or submit a request to be contacted.
Guardianship Procedures in Texas:
If you have a spouse or grandparent that is no longer able to make decisions for themselves, or have a child that will be reaching the age of majority soon (18 years old), you may need to file an application with the court to have someone named as legal guardian. Depending on the circumstances a guardian may be named for the person, the estate, or both. After you are named as guardian of the person and/or their estate, you will be allowed to once again take care of your loved one and have the legal protection you need. This process may seem complicated and frightening, but we will guide you through it as quickly and comfortably as possible.
It may be possible to avoid the necessity for a guardianship altogether if certain steps are taken. If a person drafts Medical Power of Attorney and/or General Power of Attorney documents before they lose their cognitive abilities then they might be able to avoid this process entirely. Our attorneys routinely draft a total estate planning package that contains a Will, General Power of Attorney, and Medical Power of Attorney. To discuss these documents feel free to call or contact us today.
In Texas, there are two types of guardianships. There is a “guardian of the person” as well a “guardian of the estate”. Depending on your situation and needs the attorney will submit an application for one or both of these options. Typically, most individuals that do not have many assets will only apply to become “guardian of the person”. This process is initiated by submitting an application with the court of proper jurisdiction, and becomes final after a hearing where the applicant is named as guardian.
The first step in a guardianship will be to have a medical doctor examine the person for whom you are seeking a guardianship. Our attorneys would be happy to send you a copy of this required form and schedule a meeting with you so that the process can be as quick and seamless as possible. Feel free to submit a message online or give us a call so that we can discuss this process in greater detail. Our attorneys practice guardianship law in Galveston, Harris, and surrounding counties.