Probate & Estate Administration

Probate

If you are here to learn about Texas probate after the passing of a loved one, we first want to say that we are very sorry for your loss. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time.

With that said, probate in Texas is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate is also necessary to:

Prove the validity of the will
Appoint someone to manage the estate (The “administrator” if there is no will or the “executor” if there is one)
Inventory and appraise the estate property
Pay any debts or taxes (including estate taxes)
Distribute the property as direct by the will—or by the state law if there is no will

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Probate FAQ's

How is a probate started in Texas?

Although any beneficiary or creditor can initiate probate, normally the person named in the will as the Executor starts the process by filing the original will with the court and filing a Petition with the probate court. If there is no will, typically a close relative of the decedent who expects to inherit from the estate will file the Petition.
How is the executor chosen?

If the decedent had a will, the person named in the will as the Executor will serve, if eligible. If that person is unable or unwilling to serve as Executor, or if there is no Will, then any interested family member or person can petition the Court to be the administrator of the Estate.
My loved one had a trust...will we need to go through probate?

In most cases, no. If your loved one’s assets are owned in the name of a Trust, the family can contact a lawyer who will complete some paperwork and guide the loved ones through the process with ease without the need for court involvement.

Unfortunately, many people with Trust think they have it all taken care of. But time and again, family members of a recently passed loved one come into my office, and they find out they are facing the frustration, expense, and delay of probate, even though the person they loved had a trust.

Why is that?
Often the Trust was prepared many years ago and was never updated; and often, their loved ones’ assets were not owned in the name of their Trust. That is why it is so very important that you carefully choose your estate planning attorney and have regular reviews of your plan and assets so the planning you do now works as planned later.

It’s why we do things so much different than most other lawyers and law firms here at Silvas Law.
What Assets are Subject to Probate?

Assets owned solely in the deceased person's name are subject to probate. Assets that pass by means of title such as bank accounts held as joint tenants with rights of survivorship, are not subject to the probate process. Assets that pass by means of a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate. In some situations, however, assets that would otherwise pass by title or beneficiary designation can be subject to the probate process. Talk to an attorney if you have questions about your specific situation.

Contact Silvas Law for a complimentary post-death estate review

If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced probate attorneys to help determine your next best steps. We are here in service to making this all as easy as possible on you.

During this appointment, we will answer all of your questions about probate and guide you and your family through the next best steps. We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.

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Trust & Estate Administration or Probate After the Death of a Loved One

When a loved one dies it can be a confusing time in which you are in immense grief while also needing to make sure you handle all the technical details of locating assets, paying bills and making sure your loved one’s assets get to the right people, without conflict. We are here to help.

Whether your loved one created a trust to hold their assets, or did not, he or she did have assets (called the estate of the deceased) that must be handled with careful attention and it’s critical that you work with a lawyer who can help you to do the right thing, minimize conflict and ensure the smoothest possible transition of assets.

When someone creates a trust as part of their estate plan, they must name a trustee to ensure the trust’s terms are handled properly. These individuals must carry out all of the trust’s instructions, and they’re legally responsible for doing so within the scope of federal and state law. Such duties are known as trust administration.

Serving in this capacity entails a huge level of responsibility and liability. What’s more, most people named as trustee will have limited, if any, background or experience in the legal and financial duties that come with administering a trust. In this case, the trust administration lawyers at Silvas Law can work with the trustee to ensure the trust is administered properly and all legal requirements are satisfied.

If there is not a trust or if not all assets have been properly titled in the name of a trust that was created, we can help your family through the process of estate administration, usually requiring a court process, called probate. If you are a beneficiary of an estate, or an executor or trustee, contact us for support in handling the transition of your loved ones assets as easily as possible.

Trust & Estate Administration

At Silvas Law we work closely with the family, beneficiaries, and other advisors to ensure the decedent's trust assets are collected, debts are paid, and the remaining assets are distributed to the named trust beneficiaries, or to the heirs of the estate. Depending on the type of trust involved, assets may be distributed outright to the named beneficiaries, or they might be held in trust for the future benefit of the named beneficiaries. If there is no trust, assets will either be distributed outright to heirs named in a will, or by statute, or held by a guardian named by the court until an heir reaches the age of majority.

During this time, we may also need to have appraisals of major assets completed in order to get a clear picture of what the decedent's net worth was for estate tax purposes. Additionally, the title of trustor other estate assets may need to be changed to indicate new ownership by the named beneficiary outright or under a continuing trust.

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All of this can be hugely complicated and time consuming, but our trust and estate administration lawyers will transfer assets as quickly and smoothly as possible, resolve outstanding issues, and ensure that everything occurs within the applicable legal deadlines.

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Trust & Estate Administration Services

Below, we’ve outlined some of our most common trust and estate administration services. We can accomplish the following duties without unnecessary delay and with utmost respect for your personal privacy and your family relationships.

Identification, collection, and determination of values of assets
Payment of all debts, expenses, and taxes from estate and trust assets, with submission of regular accountings
Advice as to disposition of jointly held assets, life insurance, and retirement benefits that pass outside a will or trust
Preparation of state and federal, gift, generation-skipping transfer, and gift tax returns
Notifying all heirs and beneficiaries of the trust or estate
Communicating with beneficiaries

Our primary objective is to make this process as easy as possible for you, and minimize the impact of going to court, while also keeping your family out of conflict.

No matter how complex the trust or estate administration process may be, the trust and estate administration lawyers at Silvas Law will guide you every step of the way. We’ll work closely with personal representatives, executors, beneficiaries, and other fiduciaries to ensure the terms of the trust are carried out properly. At the same time, we’ll make the process as understandable and stress-free as possible for the trustee.