Service
Probate
The unexpected death of a loved one is always difficult, but even after you mourn, there may still be work to do. At The Law Office of Ethan Baker, PLLC, we have one singular goal regarding our probate services – to guide our clients through the legal and financial whirlwinds that follow the death of a loved one with compassion, patience, and efficiency.
If you and your family are faced with the difficult task of working through the estate left behind by your loved one, contact Ethan Baker today. Our team will work tirelessly to promote the interests of you and your family, allowing you to focus on recovering from your loss. Contact us to speak to Ethan Baker today and get started.
Probate vs. Estate Planning – What Is The Difference?
While probate and estate planning are often lumped together in the minds of the public, they serve very separate and distinct purposes, and operate at different stages in the process.
Probate is the legal process that occurs after a person’s death. In simple terms, probate encompasses all matters that arise when someone passes away and can no longer manage their estate, namely the orderly distribution of assets to beneficiaries and heirs. In most cases, a court oversees the probate process, and an experienced attorney is needed to represent you each step of the way.
Estate Planning is a proactive activity undertaken while an individual is still alive to organize one’s assets and determine how they will be distributed upon their death. Estate planning often includes creating a will, setting up trusts, arranging for the care of minor children, and making end-of-life decisions. Without a proper estate plan, the probate process can become messy, disorganized, and costly, as relatives often fight over what they feel they are due.
Overview of Probate Services
At The Law Office of Ethan Baker, PLLC, we offer comprehensive services in both contested and uncontested probate cases, tailored to meet the unique needs of each estate and family. Our expertise in probate law ensures that no matter the level of estate planning, your probate process will be handled with the utmost care and professionalism.
Probate Services
Uncontested Probate Cases
Where there is a valid will and all parties agree on its terms, the probate process is generally straightforward. An attorney’s role in such cases involves filing the necessary paperwork, representing the estate in probate court, and complying with all legal requirements to facilitate a smooth transfer of assets. In the majority of uncontested cases, your priority should be keeping them simple. Our team does just that, allowing you to move past this challenging period of your life as quick and efficiently as possible.
Contested Probate Cases
When disputes arise over the will’s validity or the distribution of assets, our firm provides skilled legal representation in contentious cases. We understand the nuances of probate litigation and are prepared to defend your interests in court, whether the challenge comes from within the family or from creditors.
Independent and Dependent Administrations
Depending on the directives of the will or the agreement of the beneficiaries, we handle both independent and dependent administrations. In independent administrations, the executor has the authority to manage the estate’s affairs without seeking the court’s approval for every action. Conversely, a dependent administration is highly supervised by the court, as every significant action by the administrator, such as selling estate assets or paying large debts, requires court approval.
Heirship Determinations
In cases where no will is located, or the heirship is not adequately established, our firm represents family members in court to help them establish the rightful heirs to an estate, and determine the portion each heir is entitled to.
Small Estate Affidavits
If an estate’s value does not exceed $75,000, Texas law may allow for a simpler probate process known as a Small Estate Affidavit. However, there are a number of factors that must be examined to determine if an estate qualifies. With proper representation and analysis, this option could offer significant time and cost savings.
How Long Can I Expect the Probate Process to Last?
In most cases, the probate process takes anywhere from 6 to 12 months. This period officially begins once the probate application is filed and ends when the estate’s assets are distributed to the beneficiaries. There is, unfortunately, no way to know exactly how long the process will take, due to any number of unforeseen obstacles you may encounter along the way. However, The Law Office of Ethan Baker, PLLC is here to help you navigate those obstacles. We will provide the attention and dedication your probate case needs to move the process along as quickly and efficiently as possible.
The duration of probate can be affected by various factors that may be entirely out of your control. Some common reasons why the probate process might extend beyond the typical time frame include:
- Complex Estates: Larger or more complex estates with numerous assets, or out of state assets, typically require additional time to work through. The estate may even require an ancillary probate in another jurisdiction, thus, extending the time needed to fully resolve.
- Disputes Among Beneficiaries: Conflicts between heirs or beneficiaries can lead to delays that require legal intervention or negotiations. Consequently, there is no easy way to know how long the process can take when disputes arise.
- Claims by Creditors: Settling debts with creditors can often extend the typical timeline, especially if the debts are disputed, or when there are insufficient funds to satisfy the outstanding debts.
Aiming for a smooth and timely probate process? Ethan Baker of The Law Office of Ethan Baker, PLLC is here to offer invaluable guidance and help address any disputes or challenges that arise along the way. Contact us today to get started.
Physical address
107 Shadwell Lane, Suite 103
Friendswood, Texas 77546
Mailing Address
P.O. Box 309
Friendswood, Texas 77549
Telephone
(281) 993-8192
Fax
(281) 990-6711
ebaker@thebakerfirm.com