Providing exceptional probate legal services to clients in Midland, Andrews, Crane, Ector, Glasscock, Howard, Martin, Reagan, Upton, Ward, and Winkler Counties in Texas. Also serving cities: Odessa, Garden City, Big Spring, Stanton, Big Lake, McCamey, Rankin, Monahans, and Kermit.
At Pinson Law Firm, we understand that losing a loved one is difficult, and that settling his or her estate can be challenging. Having a lawyer help ensure your loved one’s estate is administered properly can reduce the stress.
Perhaps you are concerned that the death of your loved one is being taken advantage of by a family member. When a much beloved member of your family passes away, you want to ensure his or her wishes are honored. We understand that in some cases, disputes arise and it may be difficult to come to a peaceful or satisfactory resolution. We are ready to help you with any and all probate issues today, and will address any questions or concerns you may have.
In Texas there are three methods of probating an estate: independent administration, dependent administration, and muniment of title. While the probate process is relatively easy to initiate, it is important to discuss with your Texas probate attorney the above- mentioned types of probate, along with any other options or alternatives. In some situations, all or a portion of the probate process may be avoided altogether.
Other areas of interest related to probate and estate administration include:
Letters Testamentary – the official document given to a court-appointed executor of the decedent’s estate is known as letters testamentary and provides proof of the executor’s authority to act on behalf of the estate. Entities that may require letters testamentary include brokerage companies, banks, government agencies, and financial institutions.
Intestate Administration – When a family member passes away without a will, intestate administration is the process to name a court-appointed representative of the estate. Texas law determines who can be appointed administrator when no will exists.
Letters of Administration – the official document given to a court-appointed administrator of the decedent’s estate when there is no will and provides proof of the administrator’s authority to act on behalf of the estate. Entities that may require letters of administration include brokerage companies, banks, government agencies, and financial institutions.
Muniment of Title – Unique to the State of Texas, muniment of title is the probate of a will whereby there is no executor named by the probate court. Muniment of title may allow a will to be admitted to probate more than four years after the death of the decedent. If the decedent’s estate consisted solely of real estate, muniment of title may be the preferred procedure to probate the will.
Ancillary Probate – Ancillary probate is a procedure used when 1) the decedent resided in a state other than Texas, 2) the decedent’s will was probated in the state where the decedent resided, and 3) the decedent owned real property in Texas.
Foreign Wills – Probate of a will as a foreign will is used when 1) the decedent resided in a state other than Texas, 2) there was not a reason to probate the decedent’s will in the state where the decedent resided, and 3) the decedent owned real property in Texas.
Determination of Heirship/Heirship Proceedings – When a decedent passes away without a will, it may be necessary to conduct legal proceedings to determine who legally owns the decedent’s property. In order for a court to conduct a proceeding to determine heirship, the decedent must have had personal or real property in Texas, died without leaving a will, and an administration of the estate must not have occurred.
Small Estate Affidavits – If a decedent passes away with an estate consisting of assets, other than exempt property or a homestead, valued at less than $75,000, it may be possible to file a small estate affidavit with the probate court. This small estate affidavit is only available in the event a decedent passes away without a valid will and is similar to an affidavit of heirship.
Matters of probate can be delicate, particularly when a dispute arises. At Pinson Law Firm, we are dedicated to providing compassionate, legal guidance and support to clients residing in Midland, Andrews, Crane, Ector, Glasscock, Howard, Martin, Regan, Upton, Ward, and Winkler Counties in Texas. Having an attorney who is skilled and knowledgeable in this area will be a significant benefit to the estate or the decedent’s family on cost-effective terms.