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Probate of Estate with Will

Probate of Estate with Will

After a loved one passes away, the decedent’s estate must be resolved in a judicial process called “probate.” Identifying and valuing their assets, paying off their debts, and distributing any assets to their beneficiaries are all part of this process. The Probate Court is in charge of overseeing the procedure. When the decedent had a last will, the Probate Court will verify that it is a valid public document and order the executor to carry out the terms of the will.

The probate process is pretty straightforward in most cases. However, it can also be replete with traps and pitfalls for the unwary. Texas residents can ensure that the probate process goes as smoothly as possible by retaining qualified legal counsel. This further ensures that assets are correctly distributed to the intended beneficiaries of the will.

The Houston lawyers at Daniel Albert Law have over 15 years of experience representing people in probate administration throughout Texas. We can provide you with the assistance and support you need. To speak with one of our qualified and experienced attorneys, please get in touch with us today.

Overview of the Probate Process

In Texas, the probate process begins by filing a petition with the Probate Court to verify the validity of a will. The executor named in the will is usually the one who files the petition. However, the administrator can be the surviving spouse or child — or even a creditor if the decedent owed a large amount of money — if no executor is named in the will.

It is worth mentioning that a will can be contested. Anyone who wishes to contest the terms of the will may do so once the petition is filed with the Court. However, if a will is not challenged within the specified time limit (within two years after the original probate), the Court will not consider it and proceed with the probate.

Without any contests, the Court will recognize the will, and the estate administration process will begin. The executor will be made responsible for cataloging the decedent’s probate assets. The estate will be used to pay off all debts and obligations, and the remaining assets will be distributed per the will.

Having a lawyer from Daniel Albert Law involved in the complex probate process with a will can help ensure that all legal requirements are met and that the executor fulfills their fiduciary responsibilities.

Call Our Houston Lawyers Today!

When a loved one passes away, grieving family members and friends have a lot to deal with. We understand that working through the nuances of the probate process is probably the last thing on your mind at this time. This is especially important when unexpected problems materialize during the process — think of will contests, property conflicts, or fiduciary breaches. Our Houston attorneys have worked with probate matters involving such complications before. We work hard to quickly resolve these issues before they turn into a nightmare so that our clients can move on with their lives. We treat our clients with the care and respect that they deserve. Call us at or book an online consultation for opening probate with a will in Texas.

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