Probate

Explaining the Texas Probate Process and Representing Your Interest–Texas Probate Lawyer

When someone dies, many are affected, including family members, the person named executor, creditors of the estate and others.  A person named as an executor in a will, while still suffering from the loss of a loved one, may need a Texas probate lawyer for legal advice in understanding his or her rights and duties as executor and to provide guidance in performing those duties. When someone passes away without a will, a person who believes he or she is entitled to inherit property may need legal representation from a Texas probate lawyer to protect one’s rights. A creditor that is owed money by the departed person may need a Texas probate lawyer for assistance in asserting a claim.

For many of you, this is the first time that you have ever had to deal with the probate process, or any legal proceeding.  Many of the terms used in the probate process may sound impersonal or even cruel because a loved one that passes away typically means a great deal to family and friends that are left behind.  However, some of these legal terms are going to come up during the probate process. These terms are used in a very general sense here are not intended to constitute legal advice, given that the meaning may vary depending upon the facts of a particular situation.

  • Decedent (Deceased): This is the term that is used in the probate process to refer to the
    person who has died. 

  • Estate: The estate of the decedent refers to all of the property of the decedent.

  • Intestate:  A person who dies without an enforceable will or no will at all is referred to as dying intestate.

  • Distributee: A distributee refers to someone who is entitled to property from the estate of the decedent under a lawful will or under Texas law if there is no will. 

  • Heir: An heir is someone entitled to an interest in the estate where there is no will.  Texas intestacy law determines who is an heir. 

  • Probate: Probate in Texas refers to the court process that addresses issues related to the disposition of the decedent’s property.  This includes the probate of a will using a Texas probate attorney.  It also includes court proceedings to determine how to distribute the decedent’s property where there is no will. If you have heard of terms like Probate as Muniment of Title, Independent Administration, Court Designated Independent Administration or Dependent Administration, these are all included in or related to the probate process.

The appropriate form of probate of a will depends on a number of factors, including: (1) whether the will meets all requirements of Texas law; (2) the type of property and assets owned by the decedent; (3) whether the decedent has children; (4) whether the will designates an executor who is willing and able to serve; and (5) whether there is likely to be a legal challenge to the will.  These factors determine both the type of probate process that is appropriate as well as the cost of the probate process.

There are many reasons why probate may be necessary.  Claims against the decedent may have to be addressed and resolved.  There also may be property that must be sold or distributed to distributees after the payment of legitimate claims.  The examples above are just a few of the legal terms that can make the probate process difficult to understand.  Because there are different forms of probate in Texas, the procedures and terminology can be confusing.  Whether you are an heir, executor or creditor, Mr. Bird can advise you regarding your legal rights, explain the probate process, and represent your interest in probate proceedings.

Mr. Bird is a respected Texas attorney with an “AV” Rating by Martindale-Hubbell Law Directory signifying “the highest level of legal ability and very high adherence to the professional standards of conduct, ethics, reliability and diligence.”  Mr. Bird is committed to the proposition that the practice of law is a service oriented profession and provides legal representation in Texas probate proceedings tailored to your individual needs.  He represent those involved in the Texas probate process that have lost a family member or friend, with compassion and sensitivity toward your loss.

If you are an heir who believes you are entitled to property from an estate, a creditor that needs assistance in asserting a claim against the estate, or an executor who needs assistance in complying with the procedures and requirements of the Texas probate process, I invite you to contact Jack R. Bird, P.C..  Please call me today to schedule an initial consultation at 214.528.2524. The law office of Jack R. Bird P.C. provides legal representation in probate matters in Dallas, Texas and the surrounding areas, including Dallas County, Collin County, Denton County Rockwall County, and Tarrant County.

The information you obtain at this web site is not, nor is it intended to be, legal advice. This web site is intended to provide general information about Jack R. Bird, P.C., services and the experience.

The proper answers to your legal problems will turn on your particular circumstances and thus you need to have competent legal advice tailored to those circumstances.

I invite you to contact me. However, contacting me or reading this website does not create an attorney-client relationship. No attorney-client relationship will be formed between you and this law firm absent a written retainer agreement that is signed by the lawyer and the client, and that defines the scope of the representation.