Probate Attorney in Colleyville, Texas

In the state of Texas, settling the final affairs of a deceased loved one and distributing estate assets to beneficiaries usually requires the surviving family members to trudge through the probate process. During probate, the decedent's assets are gathered and evaluated, taxes and debts are paid, and the remaining assets are distributed to the rightful beneficiaries.

If you want to understand the probate process or need assistance with probate administration, consulting with a skilled Texas estate planning attorney is crucial. At Brooks P. Lynn, Attorney at Law, I'm dedicated to offering experienced legal counsel and reliable advocacy to clients in estate planning matters, including wills, trust, and probate administration. As your legal counsel, I can enlighten you about the Texas probate process and what to expect during the probate proceedings. In addition, I can help you understand your duties and responsibilities as an executor and walk you through every phase of the probate administration process from start to finish.

My firm—Brooks P. Lynn, Attorney at Law—proudly serves clients across Colleyville, Texas, and throughout all of Tarrant County.

What is Probate?

Probate can be described as a court-supervised process that often occurs after someone dies. The probate process involves:

• Gathering and assessing the deceased person's assets

• Paying debts and taxes, and

• Distributing the remaining assets to rightful beneficiaries and heirs

During probate administration, the estate assets will be distributed in accordance with the provisions of the will or Texas intestate succession laws if the decedent died intestate (without a will). An experienced attorney can guide you through the probate process and enlighten you about which assets usually go through probate.

Which Assets Generally Go Through Probate?

Here are some common assets that typically pass through Texas probate:

• Assets owned only in the deceased person's name, such as motor vehicles and real estate properties

• A share of property that is owned as "tenants in common"

• Personal belongings, such as jewelry, household items, clothing, and collections

Keep in mind that the surviving owner will receive any jointly owned assets. Trust assets and assets with valid beneficiary designations will not pass through probate.

How Probate Affects Your Surviving Family Members

Probate is often required to settle the decedent's final affairs and administer their estate. Unfortunately, probate may affect your surviving loved ones in the following ways:

• Probate is a matter of public record and may affect your loved ones' privacy.

• Probate is time-consuming. There are long delays, and it may take an extended period before assets are finally distributed to rightful inheritors.

• Probate is expensive and will probably reduce the amount or size of estate assets left to be inherited by surviving loved ones.

• All decedent's assets and bank accounts will be frozen until the probate is finalized. Hence, during the probate process, your surviving loved ones will not have any access to your assets and funds.

• Your estate and other probate assets will be subject to federal, state, estate, and inheritance taxes.

• You don't have control over how certain assets or debts will be handled during probate.

A knowledgeable Texas estate planning lawyer can help you understand the types of probate administration in the state and determine what is right for you.

Probate in Texas

In general, there are two types of probate administration in Texas, including:

Independent Administration of Estates

Independent probate administration requires the court to appoint an executor or administrator who will work independently and without the court's supervision. Generally, there is little court involvement. The executor can take steps without the court's pre-approval or permission. Independent probate administration is less expensive and can be completed quicker.

Dependent Administration of Estates

In a dependent probate administration, the administrator or executor relies on the court to oversee the whole probate administration process. The court is more involved in making decisions in this type of probate administration. Dependent probate administration can be time-consuming and expensive.

The Texas Probate Process

The probate process in Texas starts when the executor named in the decedent's will files a petition in the probate court in the county where the decedent lived prior to their death. Next, the probate court will schedule a hearing before the probate judge. The judge may approve the executor named in the will to administer the estate or appoint another person if no one was named.

Role of the Executor or Administrator

Once appointed, the executor or administrator will typically do the following:

• Collect and evaluate the deceased person's assets

• Fill inventory and appraise the probate assets

• Notify heirs and beneficiaries named in the will

• Notify creditors of the probate proceedings

• Collect all decedent's income, including interests, dividends, claims, rents, and debts owed

• Pay the valid claims to creditors and recognize the rights of others

• Settle all debts with creditors

• File tax returns and pay estate taxes

• Prepare and file the deceased person's final income tax returns

• Distribute remaining estate property and assets to rightful beneficiaries and heirs

If you've been appointed as an executor of a deceased loved one's estate, it is crucial that you reach out to an experienced probate lawyer immediately. Your attorney can guide you through the entire probate process and help you navigate crucial decisions every step of the way.

How Legal Counsel Can Help

The Texas probate process involves several complexities. Evaluating probate assets, paying debts and taxes, distributing remaining assets to inheritors, and settling probate issues can make the whole process even more overwhelming. Executors must have a detailed understanding of the probate process and their roles and responsibilities in order to act ethically and diligently. If you have been appointed as an executor, it is important that you consult with a knowledgeable estate planning attorney for proper guidance.

At Brooks P. Lynn, Attorney at Law, I have devoted my career to offering experienced legal services and guidance to heirs, fiduciaries, and executors. As your counsel, I can: 

• Review the details of the estate plan

• Enlighten you about your responsibilities as an executor

• Craft a detailed checklist to help guide you through the probate administration process

• Help communicate with spouses, heirs, beneficiaries, and creditors

• Settle taxes and debts efficiently

• Resolve probate issues and disputes

• Distribute assets to rightful inheritors

Additionally, I will help manage court procedures on your behalf. Together, we will work diligently to perform your roles and responsibilities as the executor or probate administrator efficiently and seamlessly.

Probate Attorney Serving Colleyville, Texas

If you need detailed guidance through the Texas probate process or probate administration, contact my firm—Brooks P. Lynn, Attorney at Law—to schedule a simple case assessment. I can offer you the personalized legal counsel and detailed assistance you need to make intelligent decisions moving forward. My firm is proud to serve clients across Colleyville, throughout all of Tarrant County, and the rest of Texas.