Even if you have an established will, the administration of your estate is subject to the probate process. In such cases, the main reasons for probate court is to validate the will and allow an opportunity for it to be contested. In the presence of a comprehensive will, the probate process is usually simple. Without a will, however, probate is often costly and time consuming, placing an extra burden on your family during an already taxing time.
Once a loved one has passed, the executor may contact a probate attorney to file the will for probate. Expect to wait at least 10 business days before the probate hearing. This period allows the court to provide a public notice stating that the will was filed for probate. This is also a convenient time to contact beneficiaries.
Before filing for the probate process, it is important to understand the types of probate and the possible alternatives to probate. Call today to speak with a Bryan, Texas probate attorney about the types of probate, including:
Generally a quick, simple and economical probate process, this type of probate allows an independent executor to administer the estate without prior approval and supervision of the court. This is typically the preferred probate type, especially if you anticipate the conditions of the will to be uncontested.
More involved and typically more costly than independent administration, this process mandates that the administrator obtains court approval for most of the transactions that come with the probate process. Also, the administrator must post a bond to ensure valid administration throughout the process.
Streamlines the probate process by bypassing the need to establish an executor or administrator and is only available if there is a valid will. Since this probate is somewhat unique to the State of Texas, it is important to have an experienced Texas probate attorney guide you through the process.
It is important that the executor fully understands their responsibilities and legal obligations throughout the probate process. For more information about these types of probate and to determine which course of action is best for you and your family, call the Law Offices of Brett S. Charles, PLLC today and schedule your free 30 minute consultation.
You may be able to avoid the formal probate process if the estate does not involve a significant value. Such alternatives are not common, but they are available. Call the Law Offices of Brett S. Charles, PLLC to learn more about probate alternatives for estates of low monetary value.
When drafted and funded properly, a revocable living trust can also be utilized to streamline the probate process. This document identifies beneficiaries similarly to a will, and assets are to be immediately distributed following the Grantor’s passing. Establishing a trust can be more costly and time-consuming than a will, however, and any assets not allocated through the trust may still be subjected to probate. To learn more about the advantages and disadvantages of a revocable trust, call the Law Offices of Brett S. Charles, PLLC, today.