Probating A Will
The days, weeks and months following the death of a loved one are very difficult. Financial and legal issues may present complications, and the probate process is often overwhelming for mourning families. You do not need to go through this difficult time on your own.
Experienced And Compassionate Legal Help For Austin Families
At Avera Law Firm, P.L.L.C., we understand how difficult this time can be for you and your family. Let our experienced lawyer handle the probate process and other details of your loved one’s estate so you can concentrate on your needs and the needs of your family. We aim to help you obtain the best possible outcome, tailoring our services and approach to suit your specific needs and your family’s desires.
If your loved one did not create a last will and testament, he or she is said to have died intestate — without a will. If a will, trust or other estate planning documents were in place at the time of death, the appointed administrator or executor must take certain steps to have the will probated.
Probating A Will
To probate a will in Texas, it must be established in court that the will was properly executed and that the will was not canceled or revoked. Unless a holographic (handwritten) will is “self-proved,” two witnesses must testify to the testator’s handwriting. Proof of a typewritten (formal) will requires the testimony of one of the attesting witnesses. We will walk you through this process.
Some assets are not subject to probate. The principal types of nonprobate assets include property passing by contract, property passing by survivorship and property held in trust for another. Property passing by contract includes life insurance proceeds, IRAs and employee benefit plan proceeds, such as the proceeds payable under a pension, profit-sharing or employee retirement plan.
Free Initial Consultation ~ No Obligation
Every adult, single or married, should have an estate plan in place. An estate plan is a fundamental need that will protect your assets and make sure they are dispersed according to your plan after your passing.