Probate of Will
Houston Wills Probate Attorney
If you are familiar with probate, you know that probate is the process whereby the probate court authenticates a will and instructs the appointed executor of a will to carry out estate duties. Probate is the step required to be taken before a legal representative undertakes their duties as an executor of an estate. In simple terms, the court issues a document confirming a will’s validity and the appointment of an executor.
A will, on the other hand, states what the person’s intentions for their estate are upon their death. It contains their final wishes and can only be revoked during their lifetime. There are two types of grants of representation, namely probate for individuals with a will and letters of administration when there is no will. These grants give legal rights to administer the estate of a decedent.
Probate can be quite a complicated concept and many wish to avoid it, especially due to the probate fees. However, if you are faced with probate, it is vital to know the processes involved in it. From applying for probate to understanding executor duties right down to knowing what to do in the absence of a will, all of this information is important when being faced with this estate planning concern.
That said, if you have any estate planning concerns related to administering estates, probates, wills, and trusts, it is wise to enlist the help of Houston, TX wills probate attorneys. These attorneys can walk you through the entire process, explain difficult concepts, and offer court representation for you to ensure the best possible outcome for your situation.
What is Probate?
Probate is defined as the legal process of transferring a deceased person’s belongings after death. It is through a will that people formalize their intentions at the time of their death, with all their belongings to be collected and distributed, debts paid off, and inheritance distributed to the rightful heirs. This court-supervised process of sorting out an individual’s assets is only applicable if the person has a will. The term probating a will is defined as the process wherein the individual proves to the court that the decedent complied with legal formalities in drafting a will.
Probate is a complicated and costly process which is why most wish to avoid probate. Probate may be contested or uncontested since many issues generally arise in contested ones involving the heirs seeking a larger share of the decedent’s assets. Most, however , are uncontested. If you find yourself in a conflicting situation involving inheritance, know that it is wise to get in touch with probate attorneys who can help you navigate probate law.
What Are Wills?
Wills are documents wherein an individual states their last wishes along with preferences or instructions for how they prefer their estate to be handled by the personal representative. Wills are used by survivors as a means to speed up the property transfer process and to steer clear of tax burdens. There are requirements before drafting a will, namely that an individual or the testator must be of sound mind, must be written although some states allow pre-printed documents, and the testator must sign their own will or if they are unable to, they must direct another to sign the will in the presence of a witness. Valid wills remain in force until revoked by a subsequent valid will.
Laws regarding wills vary greatly. Some laws prevent testators from giving full effect to their wishes and some laws are against disinheriting spouses and children. To fully understand the legalities of a will or if you need help drafting a will, get in touch with wills probate attorneys who can guide you every step of the way.
What is the Probate of a Will?
If your will is subject to probate, it is pertinent that you understand the process of probating a will. The High Court grants probate with the court seal and will copy. The petitioner must then file a petition before the court via an advocate and the court will require the petitioner to establish a proof of the testator’s death which is the last will and testament. Once the petition for probate has been received, the court issues a notice to the next of kin to file any objections. The next of kin then files their respective consent to the probate grant. In case of any objections, the probate petition becomes the testamentary suit that allows parties to lead evidence.
If you need an attorney for court representation in a probate of a will case, look no further. Seek legal assistance from experienced Houston, TX wills probate attorneys who can evaluate the case and advocate for you in court.
What Happens When There is No Will?
If a person dies intestate or without a will, there is no present executor to carry out estate administration duties, such as distributing to beneficiaries. Automatically, the next of kin can apply for letters of administration. Letters of administration are court-approved documents that allow someone to carry out administrative duties on an estate of a person who died without a will.
What are Common Probate Issues?
Plenty of issues can arise when applying for probate. Becoming aware of them helps you make smarter decisions. Here are some common probate problems:
- The individual did not have the capacity to make the will
- A considerable amount of pressure or influence was present when drafting the will
- The will was damaged or no witnesses signed on it..
- The will did not meet validity requirements.
- The will was not an original document.
These are just some issues that are ripe for dispute when applying for probate. Avoid getting into these sticky situations by enlisting the help of estate planning experts in Houston, TX who can guide you through the complicated process.
Why Is a Will Needed?
To reiterate, a will is a document that entails your last wishes, like what you want to be done to your properties, any last words for your loved ones, how your belongings should be handled, who your beneficiary is, and any other important final message. It is pertinent that every legal adult should have a will, not just those on their deathbed. Without a formal will, the estate might be faced with unnecessary litigation that is not only time consuming and financially draining, but emotionally taxing for your loved ones who are unable to grieve properly.
Don’t wait til death to get started. Draft your will now with the help of Houston, TX wills probate attorneys.
Seek Legal Advice from Probate Attorneys
Probate in itself is a complicated business that sucks the life, time, and money out of anyone which is why it isn’t recommended to face this harrowing journey alone. Getting in touch with Houston, TX probate attorneys from Chargois Harper is the smartest move you can make if you are currently dealing with probating a will. Contact Chargois Harper and get in touch with estate planning attorneys who can help represent you, guide you through the probate process, and steer you towards making the best estate planning decisions that benefit you and your loved ones.
You can count on us to protect your interests and resolve your legal concerns in Texas & Illinois.
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