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What Is Probate?
Probate is the court-supervised legal process of settling a deceased person's estate. This involves identifying and inventorying the person’s assets, paying outstanding debts and taxes, and distributing the remaining property to heirs or beneficiaries.
Depending on the circumstances, the process can be straightforward or highly complex. Some estates pass easily through probate, while others face disputes, claims, or even litigation. Common reasons probate becomes complicated include contested wills, unclear ownership of property, or creditors’ claims.
At National Probate Partners, we help make sense of the probate process and work to minimize delays, disputes, and unnecessary expenses.
Common Situations Requiring Probate
- The deceased passed away with a will that must be validated by the court.
- The deceased owned assets solely in their name without designated beneficiaries.
- There are debts or taxes owed by the estate.
- Family members or beneficiaries disagree over the distribution of assets.
- The deceased died intestate (without a will), requiring the estate to be distributed under state intestacy laws.
How National Probate Partners Can Help
1. Estate Administration
We assist executors and personal representatives with all legal duties involved in managing an estate. These include filing required documents, creating an inventory of the deceased’s assets, settling debts and taxes, and distributing assets.
2. Probate Litigation and Will Contests
Unfortunately, not all probate matters are smooth. When disputes arise over the validity of a will, undue influence, fraud, or ambiguous terms, our attorneys provide aggressive yet thoughtful representation to protect your rights and resolve the conflict.
3. Trust Administration
If your loved one had a trust, there may still be legal requirements to fulfill. Our team helps trustees meet their fiduciary responsibilities and avoid legal pitfalls when managing and distributing trust property.
4. Guardianship and Conservatorship Proceedings
When a person is incapacitated without having set up legal protections, family members may need to petition the court for guardianship or conservatorship. National Probate Partners helps families navigate these sensitive proceedings with care and diligence.
5. Small Estate Affidavits and Alternatives to Probate
Not every estate requires full probate. Our attorneys evaluate your case and recommend alternatives if the estate qualifies for simplified procedures, such as a small estate affidavit or transfer-on-death designations.
6. Out-of-State Probate (Ancillary Probate)
If the deceased owned property in multiple states, it may be necessary to open additional probate cases in those states. We routinely assist with these complicated matters to ensure a smooth process.
Choosing the Best
Why Choose National Probate Partners for Probate Matters?
Experience and Recognition
National Probate Partners has been serving clients throughout Texas and the nation for over two decades. Our attorneys have earned respect for their skill in resolving even the most complicated probate cases efficiently and cost-effectively. Our firm has been recognized by Newsweek and Time Magazine for legal excellence.
Personalized Service
We believe probate should not be a one-size-fits-all process. Every family and every estate is different. Our lawyers take the time to understand your unique needs and create a tailored strategy to help you resolve your probate matter as smoothly as possible.
Compassion and Professionalism
We know how emotionally charged these cases can be. Our clients trust us to not only deliver top-notch legal service but also to provide compassionate support during a painful chapter of life.
Frequently Asked Probate Questions
A: Probate length depends on the size and complexity of the estate, as well as whether any disputes arise. Generally, probate takes between six months to one year in Texas.
A: If there is no will (intestate), the estate will be distributed under Texas intestate succession laws, which generally give priority to spouses, children, and close family members.
A: No. Probate is only necessary if the deceased owned assets that cannot be transferred by other means (e.g., payable-on-death accounts, joint ownership with right of survivorship). Some estates qualify for small estate procedures that avoid formal probate.
A: It is technically possible, but highly discouraged. Probate involves strict legal deadlines, detailed documentation, and fiduciary responsibilities. Even small mistakes can result in costly delays and liabilities. Hiring an experienced probate attorney ensures the process is handled correctly.
A: Costs vary depending on the complexity of the estate and whether litigation arises. Typical costs include court fees, attorney fees, and appraisal costs. At National Probate Partners, we provide upfront, transparent pricing and clear explanations of all anticipated costs.
Probate Challenges and How We Solve Them
Disputes Among Heirs
We skillfully mediate and litigate disputes between beneficiaries or family members, often preventing lengthy and expensive court battles.
Out-of-State Property
Our team manages multi-jurisdictional probate efficiently, ensuring smooth coordination across states.
Creditor Claims
We verify and manage creditor claims properly to avoid unnecessary payouts from the estate.
Tax Filings and Compliance
We help ensure that all estate tax returns and legal filings meet federal and state requirements.
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National Probate Partners is here to help
Probate Planning:
Avoiding Probate in the Future
While we are proud to help families navigate probate, our firm also helps clients plan ahead to avoid probate when possible. Our estate planning services include:
Wills and trusts
- Transfer on death (TOD) deeds
- Payable on death (POD) account setups
- Durable powers of attorney
- Healthcare directives
We can help you or your loved one set up a comprehensive estate plan that minimizes probate exposure and ensures peace of mind for your heirs.
Contact National Probate Partners Today
At National Probate Partners, we provide legal services to injured individuals across the United States in cases that include auto accidents, wrongful death, medical malpractice, class action claims, and product liability. Additionally, we assist clients with probate law matters throughout Texas.
If you are facing the probate process after the loss of a loved one, or if you want to plan your own estate to simplify matters for your family, National Probate Partners can help.
Contact us today for a confidential consultation.
National Probate Partners
1770 St. James Place, Suite 100
Houston, Texas 77056
Phone: 361.326.1710
Email: in**@************ey.com
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