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Texas Probate Attorneys Explain the Probate Process

Posted by Chris Peterson | Sep 11, 2012

Probate Process

After a loved one has passed away, the last thing a family needs to deal with is a complicated and costly legal process. Probate and estate administration can be very time-consuming. The Texas probate attorneys of the Peterson Law Group can provide you the guidance you need through the complicated probate process.

What is Probate?

Probate is the court-supervised process of distributing assets of a deceased person to beneficiaries.  It may include probating a will, if a valid will exists, or it may be probate of an intestate estate (without a will).

In Texas, probate must take place in the county or city of the decedent's last legal residence.

When is Probate Required?

Probate is not always required to handle a decedent's property. There are certain properties that do not need to be probated, including the following:

–          Assets titled joint with right of survivorship with one or more other individuals

–          Assets with payable-on-death or beneficiary designations

–          Assets titled to the decedent's living trust

In other words, only property that is owned solely in the name of the decedent with no designated beneficiaries is subject to probate. A Bryan, Texas probate attorney will look at the various properties owned by the decedent to determine what needs to be probated in a court of law.

How to Avoid Probate

Setting up a living trust may be one effective way to avoid the probate process. But it must still follow certain Texas laws. You should contact a probate lawyer in Texas who can inform you of your rights.

Contact Us

Protect your rights and interests during probate by contacting a Texas probate attorney at the Peterson Law Group at (979) 703-7014.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.

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