Texas probate law can be complicated and confusing. Whether you need assistance administering a loved one’s estate or they have passed away without a will, having informed legal representation is essential. That’s where the Law Office of Carey Thompson, PC, can help.
We have a comprehensive knowledge of the Texas Estates Code and will work closely with you to navigate the process. When you become our client, you will have peace of mind knowing our team is by your side. Contact us today to get started with an experienced Fort Worth probate lawyer.
About Probate in Fort Worth
Probate is a court-supervised process to validate a will and appoint an executor to manage and distribute the estate assets. The executor’s role includes:
- Petitioning the probate court to validate the will
- Notifying the named beneficiaries and heirs
- Inventorying and appraising the estate assets
- Paying the decedent’s debts to creditors
- Filing the decedent’s final income taxes
- Paying federal estate taxes, if applicable
- Distributing the remaining assets to the beneficiaries
Notably, an executor is considered a fiduciary, meaning that they must always act in the best interests of the beneficiaries and can be held liable for misconduct or mistakes. Therefore, it is essential to have an experienced probate attorney.
Is Probate Always Necessary?
Most estates must be probated unless the decedent had a trust-based estate plan. Also, certain types of assets are not required to be probated, including:
- Property owned jointly with right of survivorship
- Retirement accounts and life insurance policies with designated beneficiaries
- Bank accounts with POD (pay on death) or “in trust for” designations
- Property held in a living trust
Nevertheless, inventorying the estate assets and ensuring that the beneficiaries receive the inheritance intended for them requires the informed representation our firm provides.
What if There Is No Will?
When a person dies without a will (intestate), an interested person, such as a family member or potential heir, must ask the court to be named the estate administrator. The court will hold a hearing to appoint this individual to administer the decedent’s estate. While the steps involved in estate administration are similar to the probate process, there is a difference.
Rather than distribute the assets to beneficiaries named in a will, the assets must be distributed according to the intestacy laws of Texas, which prioritizes spouses, children, and parents. Given the potential for disputes to arise when a loved one dies without a will, it takes an accomplished probate and estate administration attorney to ensure the decedent’s wishes are carried out.
How We Assist with Probate in Fort Worth
Navigating probate can be a complicated and emotional process, but with the right legal support, you don’t have to handle it alone. The Law Office of Carey Thompson provides comprehensive probate services designed to assist families and estate representatives throughout Fort Worth.
- Will Validation and Filing: We ensure that the will is properly filed with the court and meets all legal requirements to initiate the probate process smoothly.
- Guidance for Executors and Administrators: We help executors and administrators understand their legal duties, including managing estate assets, paying debts, and distributing property in accordance with Texas probate law.
- Asset Identification and Valuation: Our team assists in locating, appraising, and inventorying estate assets to ensure accurate reporting and compliance with court requirements.
- Debt and Tax Resolution: We work to resolve outstanding debts and tax obligations, protecting the estate’s value while ensuring compliance with state and federal laws.
- Probate Dispute Resolution: If conflicts arise, such as will contests or disagreements among heirs, we provide experienced legal representation to resolve disputes efficiently and with minimal stress.
Let us manage the legal details of probate so you can focus on what matters most—supporting your family and honoring your loved one’s legacy.
Talk to An Experienced Fort Worth Probate Attorney Today
At the Law Office of Carey Thompson, we have a well-earned reputation as dedicated advocates who provide each client with compassionate, effective representation and dependable service. When you become our client, you will have comfort with our experienced probate attorneys by your side. Contact us today to schedule a consultation.