What is Probate?

Probate is the legal process the court uses to authorize and recognize the transfer of property of a deceased individual to that person’s heirs at law. There are two ways a person dies: testate and intestate.

Did you know that even if you have a will, the court will still have to rule on how the assets may be handled? This probate period could delay implementation of your wishes in your will by days, weeks, or even months.

Estate planning and probate topics generally go hand-in-hand. When handled correctly, estate planning can help you reduce the impact that probate proceedings can have on your family and estate assets.

Testate Death

When you die and have a valid Last Will and Testament, you are deemed to have died testate. This can make the probate process much more efficient than if there were no will. However, if there is a contest to your will, the process will become much more difficult. A probate attorney can help you handle the legalities of admitting your will into probate.

Intestate Death

When you die without a will, any assets not already disposed of by contract will be distributed to your heirs-at-law. Those heirs-at-law are determined by Texas state law and may or may not be who you would like to inherit your assets.

If you die intestate, there are several ways to transfer assets to your heirs-at-law; however, this process can be extremely complicated. You should talk to a probate attorney who understands Texas probate laws to discuss your options.

We Are Here to Help

At the Law Offices of Mario Flores, we realize how confusing estate planning and probate can be. It is often difficult to figure out which of your assets are controlled by probate laws and which are not. You would not want your family to be confused or stressed about financial matters during an already emotionally time.

Everyone has a different situation. That is why we have a personal and confidential consultation with each client to help determine the best way to protect your loved ones, protect your assets, and to ensure that your wishes are met.

Austin estate planning attorney Mario Flores has the experience needed to help you make the right choice for your situation. Let him help you understand how all of these things fit together to create an estate plan that will take care of your assets and your family.

Contact the Law Office of Mario Flores, PLLC, for additional information about your legal options. We can also provide legal assistance with immigration, estate planning and family law matters.