Probate and estate administration in North Texas
After a loved one dies, you may need to secure property, locate a will, respond to financial institutions and determine who has authority to act. It can be difficult to know which tasks should happen first.
Harrell & Paulson helps families and estate representatives evaluate the appropriate steps for Texas probate and estate administration.
Determine what requires court action
The first question is not simply whether there is a will. It is also how the assets are owned, whether beneficiary designations apply, what debts exist and whether someone must be appointed to administer the estate.
Some property may pass outside probate. Other property may require a probate proceeding or another legally available transfer process. No single procedure is appropriate for every estate.
When there is a will
A will may identify the intended beneficiaries and a proposed executor, but it does not resolve every question about authority, administration or title. Depending on the circumstances, the appropriate proceeding may involve an estate administration or another available probate procedure.
Bring the original will, if available, and information about the decedent’s property and family. Do not assume that being named executor alone gives you immediate authority to handle every asset.
Choosing an appropriate procedure
Independent administration can allow an authorized representative to perform many estate tasks without obtaining a separate court order for each step, but it does not eliminate fiduciary duties or statutory requirements. In an appropriate case, probate of a will as a muniment of title may establish title without a full administration. Other procedures may be available for qualifying estates. The choice requires review of the assets, debts and family circumstances.
When there is no will
Without a valid will, Texas law determines the heirs entitled to property that passes through intestacy. Establishing those heirs and arranging for administration may require court proceedings. Eligibility for a simplified procedure depends on the statutory requirements and the actual assets and debts involved.
Helping an executor or administrator carry out the job
Estate administration can involve identifying and safeguarding assets, addressing required notices and claims, keeping financial records, obtaining authority for transactions and distributing property at the appropriate time.
An estate representative has legal duties. Before using estate money, selling property or making distributions, obtain advice about your authority and the obligations that apply. Keep estate transactions documented and do not mix estate funds with personal funds.
Questions or disagreements about the estate
A dispute may concern a will, the identity of heirs, ownership of an asset or the conduct of an estate representative. Tell the firm early if a disagreement exists so that the appropriate representation, potential conflicts and available procedures can be evaluated.
What to gather before calling
Useful starting information includes a death certificate if available, the original will and any codicils, a list of likely assets and debts, known beneficiary designations, family contact information and any court papers already received. Preserve original documents and ask how to deliver them securely.
Get help identifying the next step
Contact Harrell & Paulson at (972) 932-4412 to request a consultation. Probate and estate matters can involve deadlines, so do not wait for every document to be located before seeking guidance.