Lewisville Probate Attorney

Lewisville, TX Estate Administration Lawyer

After a person's death, their financial affairs will need to be settled, and their assets will need to be distributed to their heirs and beneficiaries. This is known as the probate or estate administration process. Legal issues related to probate can often be complex, and to ensure that financial concerns related to an estate are addressed correctly, it is important for an executor or estate administrator to work with a knowledgeable attorney.

In Lewisville, Texas and the surrounding areas, Colbert Law Group PLLC provides skilled, experienced representation to ensure that the probate process can be completed successfully. We work with estate administrators to ensure that a person's assets will be distributed correctly. We can also provide representation for beneficiaries, helping resolve disputes related to an estate while ensuring that their rights and interests are protected.

What Is Probate?

Probate is the legal process in which a deceased person's estate is distributed to their heirs. It will also involve the settling of any debts owed by the deceased, the payment of taxes, and any other legal or financial issues that may arise. The probate process will generally involve the following steps:

1. Filing the application for probate: The process begins by filing an application with the probate court in the county where the deceased person resided. This application must be filed by the person named as executor in the will, or, if the deceased person did not have a will, by a person seeking to be appointed as the administrator of the estate.
2. Validating the will: If a will exists, the court will determine its validity. This involves verifying that the will was properly executed and is a true reflection of the deceased's wishes. The court may call witnesses to testify about the will's authenticity.
3. Appointing an executor or administrator: Once the will is validated, the court will formally appoint the executor named in the will. If cases where a person did not have a will or where the person named as the executor will be unable to serve in this capacity, the court will appoint an administrator to manage the estate. The executor or administrator is responsible for overseeing the entire probate process.
4. Notifying creditors and beneficiaries: The appointed executor or administrator must notify all potential creditors that may have claims against the estate. Beneficiaries named in the will or other family members who would stand to inherit assets must also be notified. This step ensures that anyone who has a claim against the estate is given the opportunity to come forward.
5. Inventory and appraisal of the estate: The executor or administrator is required to compile a detailed inventory of the deceased's assets. This includes financial accounts and investments, real estate property, personal items, and anything else the deceased person owned. Appraisals may be conducted to determine the fair market value of these assets.
6. Paying taxes and debts: Before any assets can be distributed to beneficiaries, the executor or administrator must settle all of the outstanding debts owed by the estate and pay any applicable taxes. If necessary, assets may be sold to raise the necessary funds.
7. Distributing the remaining assets: Once all debts and taxes have been paid, the remainder of the estate will be distributed to the beneficiaries as specified in the will. In cases without a valid will, assets will be distributed according to Texas intestacy laws. The executor or administrator is responsible for ensuring that this distribution is carried out accurately and fairly.
8. Closing the estate: The executor or administrator will provide the court with an accounting of the estate's assets and a description of how they were distributed to beneficiaries. Once this distribution has been approved, the probate case will be closed.

Contact Our Lewisville, Texas Probate Lawyer

For those who need to address legal concerns related to estate administration, Colbert Law Group PLLC is here to help. Our firm has extensive experience guiding executors and estate administrators through the probate process. We can also provide representation for beneficiaries who may wish to take steps to ensure that a loved one's wishes are carried out correctly. We can provide compassionate, knowledgeable representation to ensure that a person's estate will be managed with care and precision. Contact us today at 972-724-3338 to schedule a consultation and learn more about our legal services.