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If you have recently been named the executor or administrator of a loved one’s estate, you may be feeling a bit overwhelmed. You’ve had to deal with so many details after a death and a funeral, and now you’ve got to deal with heirs and bills and an estate. What do you need to do next? Contacting a experienced probate lawyer can help you in this time.
That’s when you can turn to the probate and estate attorneys at McCarty-Larson with offices serving Midlothian, Waxahachie, Red Oak, and the surrounding area. We’re here to provide you with as much, or as little help as you need.
We’ve worked with many executors, and families just like yours. We will do everything we can to make the process simple and understandable so you can get through this process as quickly and easily as possible.
You can choose independent administration (the executor acts fairly independently, without a lot of court supervision) or dependent administration (the executor requests more court supervision).
Why would someone choose dependent administration? All of the beneficiaries have to agree to independent administration. If you have one or more heirs who are challenging or suspicious, they may want to see more court supervision. Indeed, they may want a lot of things. And that could become a problem.
That’s one good reason to work with a lawyer to probate a Texas estate. Your job is to pay the bills and distribute the assets; our job is to protect you in the process. Many a family has found its inheritance whittled away by legal claims in probate court. A careful accounting and strict procedures can make it less likely a beneficiary will complain.
We can advise you through each step of the process:
The estate of your loved one may not need to go through probate at all if all of the property was held as community property or in joint tenancy with rights of survivorship. If that’s the case, the assets go to the remaining spouse/tenant. Life insurance proceeds go directly to the beneficiary, as does payable-on-death bank accounts and survivor benefits.
It’s also possible that you don’t need to go through the probate process if the estate is worth $75,000 or less or meets certain conditions. You may be able to use a process called Muniment of Title or a Small Estate Affidavit.
Every family and every estate is different. When you meet with one of our Midlothian, and Waxahachie probate lawyers, we will review your situation and tell you next steps. We can do some steps for you, or simply advise. In every case, we are watching out for your interests and will work to protect you from liability.