Arlington Probate Attorney

Probate Overview

For most, Probate is not a word often used, and a process most individuals do not understand.  In short, probate is the process by which a court recognizes that a person is deceased, that a will does or does not exist, and then grants to an Executor or Administrator the power and responsibility to administer the estate of a deceased person, the duty to pay creditors, transfer title to various assets, if necessary, and distribute the remaining assets to the heirs (no Will), or to the beneficiaries under the Will.   Probate is less cumbersome in Texas than in other states, yet the assistance of an attorney is usually necessary and required by the court.  There are different ways an estate can be administered.  See Probate of a Will and Probate without a Will sections of this website.

Almost everyone should have a Will to properly dispose of the person’s assets after death.  Without a Will a person’s property will pass according to Texas law, and the distribution of the property may not always be the way the person would desire.  The probating of one’s Will and the administration of his estate can be simplified and made more effective when measures are taken to plan for the inevitable. 

Probate Courts also hear cases involving guardianship.  When a person is incapacitated a probate court must grant Letters of Guardianship to an individual who is responsible for managing the estate and personal affairs of someone who can no longer take care of himself nor manage his money or other assets.  An experienced probate attorney can assist with the following matters.

            Drafting Wills 
            Estate Planning & Trusts
            Administration of Estate
            Guardianship Proceedings
                                               
An experience Probate Attorney can also assist in the drafting of other documents that will make decisions easier for others in the case of incapacity.

            Medical Powers of Attorney
            HIPAA Waivers                    
            Medical Directives/Advanced Directive/living wills 
            Designation of Guardian for Self
            Medical Power of Attorney for Children
            HIPAA Waiver for Children
            Designation of Guardian for Children  
           
An experience Probate Attorney can also help with more advanced planning such as trust formation.

Probate of a Will

Probate without a Will

Call Tom Reino if you have questions about Texas probate law.