Probate

Lawyer Serving North Texas

In Texas, not every estate most go through the probate process. And for those who do, probate need not be an onerous, difficult process. Attorney Jimmy Ira Carter can help anyone in the Dallas/Fort Worth Metroplex figure out whether they need probate and can also guide them through the process. Contact us.

What is Probate?

Probate is simply the process of proving that a will is valid. First, a court must approve the will and name an executor to handle the estate. Then the process of probate administration begins -- this is simply distributing of all the assets in accordance with the will's provisions all the relevant regulations.

Texas law provides for two types of probate administration: independent and dependent. Independent administration is typically preferable, but you must have a will. For this and many other reasons, it is in everyone's interests to maximize their options with careful estate planning, arranging everything from wills to living wills.

How Do I Avoid Probate?

One way to avoid probate entirely is to put your assets in trusts instead of a will. However, this can limit your options for the distribution of your assets, and has other restrictions that you may not want. An experienced attorney should evaluate your individual situation to determine whether trusts are wise.

There are other ways to avoid probate. The Texas Probate code allows use of simpler estate collection through the use of "Small Estate Affidavits", "Affidavits of Heirship", and "Muniment of Title" procedures. In one case, Jimmy Ira Carter was able to arrange the passing of a significant estate through the use of an heirship affidavit allowing the transfer of real property, helping a family avoid probate entirely.

You Might Not Need to Avoid Probate

If you have a clear and well-written will, there may not be a need to avoid probate. Probate can be a quick and inexpensive process if the estate is relatively simple and there are no major controversies among heirs. A will guarantees all options will be available after the date of death.

Contact Us

If you have any questions about probate how it applies to your specific situation, contact us and set up an appointment with our lawyer. Call us at (972) 385-3952 and you will either get through immediately or we will get back to you within 24 hours. We take all major credit cards, and can make evening and weekend consultations by appointment.