Houston Affidavit of Heirship and Estate Administration Attorney
When a family member or loved one dies in Texas, the person’s estate may have to go through the Texas probate process. An experienced Houston probate attorney, such as Clark Martin, can guide you through the process and also advise whether probating the estate is necessary. Clark Martin has experience drafting and handling an affidavit of heirship and estate administration.
Overview of probating a will in Texas
If probating a will is necessary, The Martin Law Firm can help the survivors navigate through the process, as it is important to meet the requirements of the Texas Probate Code. Below is a brief overview of the probate process:
- An application must be submitted to probate the decedent’s Will in the county where the decedent lived.
- There must be a court hearing, and an executor must be appointed.
- The executor must provide the court with the proof they need to validate the decedent’s death and admit the Will to probate.
- The Court should be given the will and/or codicil to the court.
- The decedent’s creditors, such as credit card or mortgage companies, must be put on notice of the decedent’s death.
- Beneficiaries of the estate also must be notified.
- The decedent’s assets need to be inventoried and appraised.
- Assets must be distributed to beneficiaries with court approval.
Do I have to probate my loved one’s estate?
The process of probating an estate can be complicated. So too can be distributing assets and ensuring all titled is properly transferred. It can be even more difficult if a protest is filed and not all of the beneficiaries or creditors agree.
It is also tough to know whether probate is necessary. Although many people must go through probate when their loved one dies, not all estates must be probated. There are many assets that do not need to go through the probate process to be transferred to beneficiaries. Those assets include:
- Bank accounts that are jointly held or that have a survivor listed
- Property that is held by more than one person as a joint tenancy with a right of survivorship
- Community property with a right of survivorship
- Proceeds from life insurance policies
- Proceeds from annuities where a beneficiary has been designated
Hire a Houston attorney familiar with heirship and estate administration
The Martin Law Firm can help you determine if you need to probate your loved one’s estate. If probate is necessary, Clark Martin can take the heirs through the process. Having an attorney independent from the family can help beneficiaries feel comfortable that the distribution is fair and just.