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With a wide variety of options to settle an estate, the probate process in the State of Texas is one of the more efficient in the country. The procedural steps involved, however, are dependent on multiple factors (whether the decedent had a valid will, type of assets owned, etc.)
If the Decedent Had a Will
If the decedent had a will, the validity of the will must be confirmed by the Probate Court. Then the Executor of the estate will be given the authority to handle all outstanding matters.
Once all pending debts are paid, the remaining assets of the decedent may be distributed according to the terms of the will.
When there is not a valid will, the process becomes more complicated. The first step is to determine the family and marital history of the decedent. In some cases, an Administrator may be appointed by the court to temporarily handle the estate. The family history of the decedent will be investigated and validated. Then, the heir or heirs will be named.
In addition to these processes, there are also other alternatives to the formal probate process. The attorneys at Hrbacek Law Firm can help you evaluate your situation and determine the best way to proceed with your probate matter.
Sometimes circumstances arise (whether due to age, illness or another situation) when people no longer have the capacity to make appropriate decisions on their own. In such situations it may be necessary for a guardian to be appointed, in either a full or limited capacity, to care for the needs of another. A guardian for an incapacitated person in Texas can only be appointed by a court, and a court will only make such an appointment if the court deems it to be in the best interests of the incapacitated person. Guardianship can be a complex legal process, and our firm is experienced in assisting clients with hich such matters.
During the estate planning process, we provide our clients with options for managing a potential future incapacity before the incapacity occurs. Such options may include powers of attorney and management trusts, which, if put in place before an incapacity develops, may reduce the need for a costly guardianship at a later time.
The attorneys of Hrbacek Law Firm can assist you in determining the best way to proceed in a guardianship matter.