Houston Estate Planning and Elder Law Attorney Blog
The reality is that no one wants to find themselves in probate court. Probate courts evaluate a decedent’s will and decides whether the will is valid before approving the distribution of the decedent’s assets. If you are planning on filing in probate court, it is wise to take some time to first understand how the court works and what you need to do. By learning about probate court before filing, you can save yourself a major headache down the road.
Reason 1: There Are Several Texas Probate Courts
The first reason to learn about probate before filing is that there is more than one probate court. If you file in the incorrect court, the court could determine it does not have authority to hear your claim. You will then have to re-file in another court. To save time and money, figure out ahead of time which of the four Texas probate courts you should use. In general, if the decedent was a Texas resident, the county where he or she died will be the county where you should file for probate.
Reason 2: Probate Costs Money and Time
It can be costly to go through probate. Filing fees and attorney’s fees can take a toll on a family, and it is important to look into these fees ahead of time so that you can plan accordingly. Probate attorneys are required in most probate cases in Texas, and finding the right attorney can be a process. You should always make sure your chosen attorney is upfront about their fees before you decide to retain them.
The time that probate takes can also be frustrating for beneficiaries that are anxious to receive the assets a decedent left behind. Probate can take anywhere from a few months to over a year. By going into probate equipped with this knowledge, you can plan your finances accordingly.
Reason 3: Probate Can Be Difficult to Navigate
Probate court includes procedural hurdles and frustrating logistics that every person filing has to navigate. On top of that, people in probate court are often still mourning the loss of a loved one, which makes the process even more challenging. By learning about probate before filing, you can prepare yourself for what is in store. With the right Houston probate attorney by your side, you can make sure probate goes as smoothly as possible for yourself and for your loved ones.
Are You Looking for a Houston Estate Planning Attorney?
At McCulloch & Miller, PLLC, we have been helping individuals navigate probate for decades, and we are proud to be experts in the process. If you are thinking about filing in probate court and need legal advice, don’t hesitate to contact our team. We have the tools and knowledge that will help you succeed, and we can help get you the results you need. For a consultation with a member of our Houston probate team, give us a call today at 713-903-7879. You can also fill out our online form to have a Houston estate planning attorney get back to you as soon as possible about possible next steps.