Pearland Probate Lawyers

Get Help From an Experienced Pearland, TX, Probate Attorney Today

At Cordoba Law Firm, PLLC, our Pearland probate lawyers have the specialized professional skills and legal expertise that you can rely on. Our probate and estate administration team represents people and families with diligence and personalized attention. If you have any specific questions or concerns about the probate process in Texas, we are here to help. For a strictly confidential, no-obligation consultation with an experienced Texas probate attorney, please do not hesitate to contact our Pearland law office today.

Probate Law Explained

Probate in Texas is a process in which a court oversees the distribution of a deceased person's assets. It involves validating the deceased person's will, identifying and inventorying their assets, paying off any debts or taxes, and distributing assets to the beneficiaries. Probate can be a complicated, often lengthy process. It is best to seek guidance from a top Pearland attorney.

Know the Two Categories of Probate in Texas

In Pearland, TX, probate cases can be divided into two main categories: 1) probate with a will and 2) probate without a will. At Cordoba Law Firm, PLLC, we handle all types of probate law and estate administration cases. No matter your circumstances, we are here to protect your rights.

Probate with a will occurs when the deceased person leaves a valid will that specifies how their assets should be distributed. In this case, the will is submitted to the court for validation, and the court oversees the distribution of assets according to the terms of the will.

Probate without a will, also known as intestate probate, occurs when the deceased person did not leave a valid will. In this case, the court appoints an administrator to manage the estate and distribute assets according to state law.

An Overview of Probate in Texas

Simply described, probate is the legal proceeding through which a person’s death is recognized, and their estate is settled in accordance with their will or in accordance with the requirements of Texas state law. It is useful to understand how the probate process actually works in Pearland. There are several different steps. Here are some of the key aspects of probate in Texas:

Open Probate: If the deceased person left a valid will, it must be filed with the court for validation. If the will is found to be valid, the court will appoint an executor to manage the estate. If there is no will, the court should be informed.
Appointment of an Executor: The executor is in charge of managing the estate, paying off any debts or taxes owed by the deceased person, and distributing assets to the beneficiaries according to the terms of the will. If the will does not name a viable executor—or if there is no will—then the court must appoint an estate administrator.
Notify the Heirs/Beneficiaries: The executor must notify all beneficiaries named in the will that the probate process has begun. Notably, all potential heirs on Texas law should be notified even if they have been left out of the will.
Inventory/Valuation: It is also the duty of the executor or estate administrator to identify and inventory all assets owned by the deceased person. There should be a comprehensive valuation.
Notify Creditors and Pay Debts/Taxes: Before an estate can be settled in Texas, creditors and other implicated parties should be notified. Valid debts, as well as outstanding taxes, must be paid.
Distribution: Only once all other requirements have been satisfied can the executor or estate administrator distribute the assets to the beneficiaries according to the terms of the will or in accordance with the requirements of Texas law if there is no valid will.

Probate in Pearland, TX: Frequently Asked Questions (FAQs)

Is Probate Required for Every Estate in Texas?

No. While many estates are required to go through the formal probate process in Texas, there are some limited exceptions. Most notably, some smaller estates may avoid the formal probate process. In Texas, there is an option called a small estate affidavit through which a beneficiary may be able to claim assets outside of traditional probate. As small estate affidavits are still complex, it is best to consult with an experienced Pearland, TX attorney.

What is the Difference Between Probate Property and Non-Probate Property?

Not all property of a decedent in Texas has to go through the probate process. Non-probate property is a broad term used to describe assets that can avoid probate. Some notable examples of property that does not have to go through probate include trusts, life insurance proceeds, and retirement accounts that have properly designated beneficiaries.

Are there Strategies that I Can Use to Help Avoid Probate in Texas?

Yes. In Texas, there are strategies that can be used to help minimize exposure to probate. A top Pearland estate planning attorney can help you explore various options, such as establishing a trust or designating beneficiaries for certain assets. These strategies can help ensure that your assets are distributed in the most efficient, cost-effective manner, and conflict-free manner.

How the Texas Probate Attorneys at Cordoba Law Firm Can Help

Probate law is notoriously complex. You may have heard horror stories about the probate process in Texas. While it is certainly true that probate can be confusing and even frustrating, it does not have to be that way. The right professional support can make a difference. At Cordoba Law Firm, PLLC, we have deep experience handling a full range of probate law and estate administration matters in

Brazoria County, Fort Bend County, Harris County, and beyond.

Call Our Pearland, TX Probate Law Attorneys for Immediate Help

At Cordoba Law Firm, PLLC, our Pearland probate lawyers are diligent, detail-driven advocates for clients. If you have questions about probate law, we are here as a resource. Call us now or connect with our team online to arrange a completely confidential, no-obligation case review. We provide probate law services in Pearland, Brazoria County, Fort Bend County, Harris County, and beyond.