When your loved one has passed away, the last thing you want to do is go to court.
This can be one of the most stressful, emotional times in your life, and you need a probate attorney who can help take the stress out of the legal process so you can focus on your loved ones.
This is where I come in - Ellen Williamson Law has been guiding Dallas residents through the probate process for many years. My goal is to lift the weight of the legal process off your shoulders and make a difficult season of life a little easier.
Beyond just handling legal documents and proceedings, I pride myself on lightening the load for you. If you've lost a loved one, I would be honored to serve as your guide through the probate process.
What is probate?
When someone passes away, typically, their assets enter a legal process known as "probate" to determine how they will be distributed. The probate court recognizes the death of the deceased and oversees the disbursement of his or her estate.
As your guide, I will try to simplify the process as much as possible. By helping you understand what probate law and process look like, I hope to clear the fog around the probate process and provide you peace of mind.
After I, as your probate attorney, file an application with the proper Texas probate court in the county where the deceased resided, we can typically expect a two-six week waiting period before receiving a hearing. It is during this time that people can contest a will if they so choose. If there are no contests, the outlined process below will start.
Determining if a will is valid - If a will does not exist, there are other avenues we will pursue.
Appointing someone to take over the settling of the estate - This person is known as the executor if appointed in a will, or an administrator if appointed by a court.
Gathering estate assets.
Creating an inventory of the deceased's assets.
Paying all applicable taxes and other debts.
Distributing the deceased person's assets as the will states or, if without a will, according to Texas law (the Texas intestacy statutes).
While many try to avoid probate due to the time and cost associated with it, a simple will that is not contested can usually be resolved quickly and cost-efficiently. If you do face a contest, I will work with you to determine the best course of action.
Set up an appointment today to discuss your options.
What if my loved one did not have a will?
If your loved one passed away without a will, we have several options to pursue. The three most common options, discussed below, vary in cost and effectiveness.
Heirship Determination
The most effective, but also the most expensive option is to prove entitlement to property through a judicial determination of heirship.
Affidavits of Heirship
These are a cost-efficient and easy option to avoid probate and establish proof of heirship. However, it is also the least persuasive proof and has limited application, but it can be effective to clean up title to real property that has gone through several generations without formal transfer of title.
Small Estate Affidavit
This is a legal document that allows assets from an estate to be transferred without a hearing, as long as the estate falls below a certain state-mandated maximum value, currently $75,000 in non-exempt assets.
If you have questions over which option is right for you, we can spend time determining the correct path together for you.
Schedule a meeting today.