Southlake Estate Planning Attorney

Wills, Probate & Estate Lawyers in Southlake

It is always important to be prepared. A last will and testament is a legal document that directs who will inherit your real and personal property when you die. If you do not have a legal will prepared, then the laws of the state will dictate how your property is distributed. Often, property is distributed in a way that is contrary to what the deceased would have wanted had he/she properly executed a valid legal will. Further, without a legal will, it is often more difficult, expensive, and time-consuming for the family members to legally transfer the property.

To be legally valid in Texas, a will must meet the requirements of the Texas Probate Code. When executing the document, the testator must be of sound mind for this purpose, and he/she must not be acting under any type of duress. Further, the testator must sign the document in the presence of 2 witnesses who are at least 14 years old and who are not beneficiaries to the will. Especially in the event of a will contest, it is imperative that all requirements have been met and procedures have been properly followed during the execution of the will.

In your last will and testament, you should appoint an executor who will administrate the estate and at least one alternate, in case the person you name has predeceased you or is unable or unwilling to serve. You may also appoint a guardian to take care of minor children and a trustee to take care of property left to any beneficiaries who are minors. You may also want to include funeral provisions in your will.

What Is the Probate Process?

The word “probate” means “to prove.” The probate process is the process by which one proves up who the legal beneficiaries of an estate are, and If there is a will, then the probate process involves proving to the court that the will is legally valid according to the laws of the state it is being probated in. Legally, a deceased person may not own property; therefore, the moment a person dies the property is in a state of limbo, in a sense, until certain procedures have been met proving who the rightful owner is.

In Texas, a will must be probated within four years. If there is no will, as long as the estate meets certain requirements, it may be possible to probate the estate using a small estate affidavit. Another method of probate without a will would be using an affidavit of heirship.

Each case is different, and during a consultation your Southlake probate attorney will ask pertinent questions to ascertain what is the best way to proceed, taking into consideration the facts of the case, the current laws of the state, and the size and nature of the estate of the deceased.