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What Is a Probate Attorney?

Posted by Chris Peterson | Aug 13, 2014 | 0 Comments

What Is a Probate Attorney?

What Is a Probate AttorneyProbate is the process through which the instructions of a will are carried out. If a will does not exist, then the decedent is considered to have died intestate, which means that the probate court will need to make a determination as to the distribution of assets. A Texas probate attorney serves a very important function during probate. As your College Station Probate Lawyer will tell you, it is a good idea to let heirs know of the attorney you would like to have handle your affairs after you pass.

The Assets in a Will

The probate process begins upon the death of the creator of the will. A probate attorney's first duty is to administer the last will and testament of his client. This language is important, for it is not unusual for a written will to be superseded. A Texas probate lawyer, then, submits the will as the last and true representation of the decedent's wishes.

The probate attorney may also work with heirs to guide them through the probate proceedings. His role, then, is to file any motions and pleadings that are necessary, and assist the heirs to understand all aspects of the process.

Should a person die without having a signed, valid will, the assets of the state must be distributed in accordance with what the court deems to be the wishes of the decedent. Your College Station probate lawyer can facilitate this determination.

Contested Wills

The person writing a will should name an executor to handle the distribution of assets. Because this person's function is somewhat akin to that of the probate attorney's, the two are often one and the same. The executor handles the actual distribution of assets. Generally speaking, if a probate lawyer also functions as the executor he will be paid a small fee for his trouble. It should be noted that a probate lawyer is not allowed by law to be a beneficiary of the estate. The ethical reasons for this should be obvious.

We Can Help if You Need Assistance with the Probate Process

If you need to write a will, or have any questions or concerns about the probate process, an experienced and proficient College Station Probate Lawyer can help. Call Peterson Law Group today to arrange a consultation 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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