Houston Estate Planning and Elder Law Attorney Blog
Probate is a pain for most involved parties. It entails court filings, hearings, and fees, and it can take longer than many people want to wait. At the same time, probate is a necessary hurdle that allows beneficiaries to access the assets that their loved one left behind. Sometimes, though, estate executors can unintentionally prolong the probate process. On today’s blog, we cover a few basic mistakes that you should avoid in order to keep probate administration running as smoothly as possible.
Mistake # Failure to Keep Up with Deadlines
The first and most important tip for probate that we offer for probate administration is to write down key deadlines and avoid missing them. In Texas, estate executors have four years from the testator’s death to file his or her will with the probate court. If you begin the process four years and one day after a loved one’s death, the court will be unlikely to accept the estate plan for filing. Even after probate begins, there are important filing deadlines that you must keep in mind in order to ensure you comply with the probate court’s orders.
Mistake #2: Failure to Secure the Decedent’s Assets
Once a testator dies, the estate executor’s job is to quickly and efficiently secure all of that person’s assets. These assets could include bank accounts, investment accounts, stocks, real property, or even sentimental items in the individual’s home. No matter the kind of property, the executor’s job is to make sure the assets are safe from third parties. Failing to property secure assets could lead to confusion down the road when money or property is not where the testator originally left it. This could, in turn, significantly delay or confuse the probate process.
Mistake #3: Making Premature Distributions
Importantly, estate executors are supposed to wait for official court approval before distributing assets from the decedent’s will. If you start to give money or tangible property away to heirs before the court allows you to do so, this could lead to significant legal issues down the road. The same rule goes for debts in a decedent’s estate; you must wait for the court’s stamp of approval before paying off any creditors that have a claim on the estate.
Do You Need a Houston Probate Attorney by Your Side?
At McCulloch & Miller, we help you prepare for the unexpected. Our Houston estate planning attorneys are experts in drafting estate plans, probating wills, and navigating complex legal issues that could come up during any phase of the process. If you are looking for a team of empathetic, experienced, detail-oriented attorneys, look no further. Our firm is ready, willing, and able to serve you and your loved ones as you think through your various estate planning needs. To set up a consultation with a Houston estate planning attorney from our team at McCulloch & Miller, give us a call today at 713-597-7176. You can also fill out the online form on our website, and one of our attorneys will reach out to talk with you about the details of your case as soon as possible.