Probate &
Estate Planning

Lawyer

Probate is the legal process of distributing a deceased person’s property and assets, as well as making sure all their debts are paid and settled. After this happens, probate lawyers make sure each heir and beneficiary are allocated what is rightfully theirs, due to the instruction from the will.

Estate Planning Services Offered

Basic Will
Complex Will
Trusts
Power of Attorney
Medical Power of Attorney

Directive to Physicians
HIPPA Authorizations
Designation of Guardianship for Minor Child or Adult Incapacitated Child
Designation of Guardianship in Event of Incapacity

Basic Will
Complex Will
Trusts
Power of Attorney
Medical Power of Attorney
Directive to Physicians
HIPPA Authorizations
Designation of Guardianship for Minor Child or Adult Incapacitated Child
Designation of Guardianship in Event of Incapacity

Assets Subject to the Probate Process

When a person dies, everything they own becomes labeled as an “asset.” All money, property, and material possessions need to be divided up as per what is written in the will. However, there are two “types” of assets as not all assets are considered equal.

Assets that pass directly to the heir or beneficiary and do not go through probate:

Retirement, pension, or 401k accounts.
Any real estate that is co-owned with a survivor.
Assets held in trust.
Proceeds of life insurance policies.
Any assets that are classified as “payable-on-death.”

Assets that must be passed down through a will, through probate:

Real estate, if the deceased was the sole owner.
Money in personal bank accounts.
Automobiles.
Personal possessions such as jewelry.

Steps to Follow When Probating a Will

Heirs and beneficiaries of the deceased person’s will are not legally able to take possession of larger assets without going through the probate process. To ensure the proper allocation of assets, these steps need to be followed:

A petition is filed in probate court, and if an executor is not named in the will, the court will appoint one.
All creditors are notified, and they are given a deadline to submit any outstanding claims.
Property may need to be appraised if the creditors request it.
All debts and taxes are paid.
All remaining assets are distributed in accordance with the will.

Steps for Probate Without a Will

Heirs of the deceased person are not legally able to take possession of larger assets without going through the probate process. To ensure the proper allocation of assets, these steps need to be followed:

An application is filed in probate court to determine heirs and to appoint an administrator of the estate.
The deceased person’s date of death must have been within the last four years;

The deceased person must have died without a will or the will must have failed to distribute all of the decedent's property;
There must be a need for a formal administration;
All of the heirs of the estate agree on the agree on the advisability of having an independent administration;
All of the heirs of the estate agree on a qualified person, firm, or corporation that will serve as independent administrator;
The court must find that an independent administration is in the best interest of the estate

All creditors are notified, and they are given a deadline to submit any outstanding claims.
Property may need to be appraised if the creditors request it.
Administrator (once appointed) must file an Oath of Administrator.
The court may order the administrator to file an Inventory of the deceased person's estate with court.

When going through probate without a will, it is even more important to work with an experienced estate lawyer in Houston. Contact the estate attorneys at Hamilton Legal Services to make this process as easy as possible for you and your family.