Mansfield Probate Attorney

Get Skillful Guidance Through the Probate Process

Probate is a notoriously complex area of the law that has the potential to frustrate, confuse, and overwhelm. If you have been named Executor of a will, you need a seasoned lawyer on your side to help you carry out your duties efficiently and properly. In Mansfield, the law firm you need is Crain & Wooley. Our Mansfield probate lawyer focuses solely on estate planning and probate matters, ensuring that you can feel confident in our qualifications and the quality of our representation.

Crain & Wooley is ready to represent your best interests. Call (972) 945-1610 now to connect with an experienced Mansfield probate attorney.

What Is Probate?

Probate is the legal process where estate assets and property previously owned by a deceased person are analyzed and transferred to their loved ones. The court oversees the payment of outstanding debts by the decedent (the deceased person) and the distribution of their assets—this process is also known as probate administration. Understanding the probate process is crucial for executors and beneficiaries alike, as it dictates how the decedent's wishes are honored.

Types of Probate in Texas

In Texas, there are several types of probate proceedings depending on the type of estate that you have:

Formal Probate: Required if the estate is valued at more than $75,000, excluding specific types of exempt property. This process involves court supervision and is the most common form of probate.

Muniment of Title: A simplified process that allows for the transfer of assets if there is a valid will. This method is faster and does not require the full probate process if the will is uncontested.

Small Estate Affidavits: This may be applicable in certain circumstances for people who inherit property. A simple affidavit can be prepared to collect property without going through formal probate.

Small Estate Procedures: If the total value of the estate does not exceed the amount needed to pay the surviving spouse, minor children, any adult incapacitated children, and certain creditors, this may be applicable, offering a less complicated route.

Speak with a seasoned Mansfield probate lawyer at Crain & Wooley. Contact us online or call (972) 945-1610.

Benefits of Hiring a Probate Attorney

Navigating the probate process can be particularly challenging, especially when grieving a loss. Obtaining the services of a qualified probate lawyer can provide the guidance and support needed to ensure a seamless and effective probate procedure. Here are some benefits of hiring a probate attorney:

Expertise: A probate lawyer possesses sufficient knowledge and expertise to manage each phase of the probate process, including document submission, resolution of disputes, and asset distribution.

Legal Protection: By ensuring that the probate process is conducted properly and in compliance with the law, an attorney can assist in defending your rights and interests. They will help you avoid legal pitfalls that can arise during the process.

Efficiency: Hiring an attorney can save you time and prevent expensive errors that could cause delays in transferring assets. Their experience streamlines the process, making it less burdensome.

Peace of Mind: Knowing that your probate matter is being handled by a knowledgeable professional can provide reassurance during a difficult time, allowing you to focus on healing rather than legal complexities.

Don't hesitate to schedule a consultation if you are going through probate. With empathy and knowledge, our probate lawyers in Mansfield at Crain & Wooley are here to support you. Get in touch as soon as possible.

Probate FAQ

Death and taxes are great equalizers. Each of us, no matter age, race, gender, or socio-economic status, encounters death and pays taxes. But who knew dying could be so complicated? There are many misconceptions regarding the steps needed to secure a prosperous future for yourself and your heirs. One widespread misconception is that having a last will and testament avoids the probate process, yet the court system is full of will-based probate cases. How is this possible?

Let’s explore a few common questions surrounding the creation and implementation of a last will and testament.

What is a will?

A will is typically a typewritten document that must be witnessed by at least two disinterested individuals and signed in front of a Notary Public. It contains information explaining what you want to happen to your assets after you are no longer here.

Does a last will and testament allow my heirs to avoid probate proceedings?
No. Probate is required if your estate is worth more than $75,000. Before your heirs can inherit assets left to them, an application for probate must be filed in the probate court in the county where you passed away. Usually, a probate application must be filed within four years of your passing.

What are the steps to probate a will in Texas?
Fulfilling your last wishes set forth in your will requires your executor to complete an eight-step process:

1. Filing with the court: Submit the will and a petition for probate.
2. Posting notice: Notify interested parties of the probate proceedings.
3. Validating the will: Ensure that the will is valid and meets Texas requirements.
4. Inventory of assets: List and appraise the decedent's assets.
5. Identifying beneficiaries: Determine who will inherit according to the will.
6. Notifying creditors: Inform creditors of the probate proceedings and settle outstanding debts.
7. Resolution of disputes: Address any disputes that arise regarding the will or estate.
8. Distribution of assets: Distribute the remaining assets to the beneficiaries.

This process can be quite lengthy and costly, taking anywhere from six months to multiple years depending on the complexity of your estate.

How much does the probate process cost?
Each probate situation differs in total costs incurred, but the types of costs sustained are generally the same across the board. Costs may include court fees, attorney fees, accounting fees, appraisal fees, and other miscellaneous charges that must all be paid prior to the distribution of assets.

Are all assets subject to probate?
Not all assets are probated in Texas and may pass outside of the will. Assets that are not subject to probate include, but are not limited to, the following:

• Insurance policies
• 401(k) plans
• Pensions
• Funds held in trust
• Joint Tenants with Right of Survivorship
• Payable on Death bank accounts

Does my estate have to hire an attorney to go through the probate process?
Most of the time, yes. Texas courts usually require an executor to be represented by an attorney in a probate matter because an executor represents both themselves and the interests of beneficiaries and creditors.

What options are available to avoid probate proceedings?
Avoiding probate for your estate in Texas can save your heirs time, money, and the hassle of going through the court process. Here are some effective strategies:

Revocable Living Trust: You can manage and retain control over your assets during your lifetime by putting them in a revocable living trust. The assets pass immediately to your beneficiaries upon your death, bypassing the probate process.

Beneficiary Designations: If you name beneficiaries, assets such as retirement plans, life insurance policies, and payable-on-death (POD) or transfer-on-death (TOD) accounts may avoid probate.

Joint Ownership: When you own property jointly with rights of survivorship, ownership transfers to the remaining owner automatically and avoids probate upon your passing.

Transfer on Death Deeds: If you own real estate, you can complete a Transfer on Death Deed to choose a beneficiary who will inherit the property without going through the probate process upon your passing.

Gifting: You can donate assets to lower the amount of your estate and potentially prevent those assets from going through probate.

Small Estate Affidavit: Your heirs may be allowed to bypass formal probate if your estate meets certain requirements under Texas law and is sufficiently small.

Consulting with an experienced estate planning attorney can help you choose the best strategies to meet your needs and ensure your estate plan is properly executed.

What is a revocable living trust?
A revocable living trust directs the administration of assets during your life and specifies how your estate will be distributed at your death, allowing trust beneficiaries to receive assets without court interference.

Need Help With Probate in Mansfield? Request a Consultation Today

Have you found yourself mired in the probate process as the executor of a will? Our firm focuses solely on estate planning, including helping you navigate the bureaucratic and perplexing world of probate court.

Schedule your free consultation by calling (972) 945-1610 to learn how our Mansfield probate lawyer can assist you in executing your responsibilities, as well as how to ensure your loved ones avoid probate when you pass away.