Probate

We at The Graham Law Group can help you through the difficult time following the death of a loved one.

An attorney will evaluate your loved one’s circumstances and determine which type of administration will best meet your needs. Whether he or she left a will or never had time for estate planning, our firm can help to ensure that your loved one’s property passes to the rightful distributees or heirs.

What Is an Estate?

Many people believe that they don’t have an estate because they do not consider themselves wealthy. However, it is important to realize that everyday assets create an estate. For example, a home, bank accounts, vehicles, and retirement income can all be estate assets. Most people have an estate. Further, family members who act on behalf of an estate without authorization may create personal liability for their actions. Using the correct administration type offers protection for the person who is making decisions. Listed below are some common types of administration.

Probate: If You Have a Will

If you die with a will, probate is the process by which a person’s will is confirmed as their last wishes and the nominated executor is appointed. The appointed executor must follow certain rules and laws while they carry out their duties. If you are appointed as an executor in another person’s will, you are required to probate the will within four years of the date of death.

Heirship: If You Don’t Have a Will

If you die without a will, Texas law determines who receives your estate when you die. This process to determine who inherits your estate (your heirs) is called heirship. Heirship allows a judge to determine your heirs and what portion of your estate they receive.

Other Administrations

Sometimes, it is not necessary to administer an Estate by using a traditional probate or heirship proceeding. For some, there are other ways to administer real property or personal property. A Graham Law Group attorney can assist you in determining if any other types of administration are right for you.

If you aren’t sure whether or not you have adequately planned for your own Estate, click here.

If your loved one has passed away, a Graham Law Group attorney can assist the executor or administrator with identifying property in which the estate has an interest, handling claims for and against the estate, determining succession of title and ensuring that title is properly vested in the distributees or heirs of the estate.