Wills and Probate

When a loved one dies, with or without a Last Will And Testament ("Will"), the process of transferring the property of the estate to the heirs can be confusing and time consuming. Mr. Smith can successfully guide clients through the probate process. Probate is necessary if a loved one has died and you need to obtain a court?s authority to access and transfer the property owned by the deceased.

If a valid Will exists, the probate process in Texas is relatively simple and is not very expensive. Normally, the fee for representation in this type of probate is at a fixed amount.

A Will has no effect unless it is probated. If the Will is not probated, it is as if a loved one died without a Will. If the deceased had a valid Will, Mr. Smith will arrange for the probate of the Will and make sure that the details of the Will are carried out as the decedent specified. He will walk with the executor through the entire process.

However, if a loved one died without a Will, called dying intestate, Mr. Smith can assist in identifying the heirs and making sure that the estate?s assets are distributed as required by Texas law.

The process of providing for the distribution of one?s property after death is easily achieved by the preparation of a valid Will. Almost everyone needs a Will. In one legal document, a Will directs how your assets are to be handled when you die, who is to be responsible for making sure your wishes are carried out, whether trusts are to be created for your children, and who will take care of your children. A valid Will makes the probate process much simpler and less costly.

Other documents that are normally prepared in conjunction with a Will include:

  • Power of Attorney
  • Health Care Power of Attorney
  • Living Will (Directive to Physicians) and
  • Do Not Resuscitate Directive

Practice Areas:

> Real Estate

Last Will and Testament