Galveston Probate Lawyers

Guiding You Through the Probate Process in Galveston County

The term “probate” is a very important legal phrase that greatly affects a number of people. In the court of Texas, probate is technically defined as the process through which wills are demonstrated as being valid or invalid, although today it is also used more broadly as the entire process of administering and distributing a decedent’s estate. Any assets, debts, or liabilities must be taken care of, in addition to property designated to be divided among the decedent’s heirs.

Such actions are usually taken by the administrator or the executor that the decedent has named to take care of the estate. However, because the process can be quite complicated, it is common to have the skilled guidance of our probate lawyers in Galveston. The Law Offices and Mediation Center of Susan M. Edmonson can help you with even the most complex probate issues.

Call us today at (409) 239-0100 or contact us online so that our dependable estate planning attorneys can aid you in settling your loved one’s estate. We serve residents of Galveston County and the surrounding areas.

Understanding the Probate Process in Texas

Probate is a procedure involves not only disseminating the property out to the designated heirs of the decedent, but also gathering remaining assets, making sure taxes are appropriately paid, and liquidating any leftover liabilities. After someone has passed away within Texas, this person’s friends and family are usually gathered together so that the probate process can take place. Here, our lawyers can help you make sure that the entire estate has been appropriately dispersed as to the decedent’s wishes.

Some of the aspects involved in this administration procedure include:

• Disseminating the designated assets to each beneficiary or heir of the decedent, as outlined by the will
• Finding the identities of each of the decedent's direct heirs if he died without leaving a will, and determining what these beneficiaries will receive
• Offering the appropriate payment and interest for any remaining debts that had owed by the decedent before he or she had died
• Identifying and then organizing all remaining assets of the estate
• Making sure that any debts made by third parties who owed the estate are all correctly paid
• Paying back any final taxes that were potentially created by decedent’s death

Roles and Responsibilities of a Probate Executor

Depending on what the decedent has decided, there are three primary ways of managing a person’s estate: independent administration, dependent administration, and muniment of title. These distinctions can be further explained to you by your Texas probate legal representative.

Regardless of your exact title as an executor, however, it is likely that you will be dealing with very common issues. For example, you will need to appropriately handle the decedent’s final tax return, as well as the entire estate tax return. Income estate tax returns are another key element to manage, as well as the income tax consequences upon any of the decedent’s beneficiaries.

Is it Possible to Avoid Probate in Texas?

Yes, it is possible to avoid probate in Texas through several legal mechanisms. Probate is the court-supervised process of distributing a deceased person's assets, and it can be time-consuming and costly. However, with careful planning, many people can arrange their affairs to bypass probate entirely.

Here are some common strategies used to avoid probate in Texas:

• Living Trust: Creating a living trust is one of the most effective ways to avoid probate. By transferring ownership of assets to the trust, the trustee can manage and distribute these assets according to the trust's terms without involving the probate court.
• Joint Ownership with Right of Survivorship: When property is owned jointly with the right of survivorship, the surviving owner automatically inherits the property upon the other owner's death, bypassing probate. This arrangement is common with bank accounts, real estate, and other assets.
• Transfer on Death Deeds: Texas law allows for transfer on death deeds for real estate. This means you can designate a beneficiary who will inherit your property upon your death, avoiding the need for probate.
• Beneficiary Designations: Many financial accounts, such as life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts, allow you to name beneficiaries. Upon your death, these assets are transferred directly to the named beneficiaries without going through probate.
• Small Estate Affidavit: If the estate's value is $75,000 or less (excluding the homestead and exempt property), Texas allows for a simplified probate process using a small estate affidavit. This can be a quicker and less expensive alternative to formal probate.

By utilizing these strategies, individuals in Texas can often ensure that their assets are distributed according to their wishes without the delays and expenses associated with probate.

Choose Experienced Probate Attorneys in Galveston

Due to changing laws, the traditional procedure of managing a decedent's estate has become much more complicated in recent years. Many lawyers are scrambling to assist their clients, but are not themselves truly familiar with probate law. This is especially dangerous because you could get sued for accidentally mishandling someone’s estate. This is why it is crucial to get aid from our highly knowledgeable probate attorneys in Galveston.

Contact our Galveston probate attorneys now at (409) 239-0100 or by completing our online form so The Law Offices and Mediation Center of Susan M. Edmonson can help ensure your loved one’s estate is divided correctly.