Probate Process and Costs and Time

As your attorney, I offer flat Fees or hourly fees for a probate administration for all types of estate administrations in all the probate courts in Houston, San Antonio, Dallas, and Austin area. In some probate cases, as your attorney, I can be paid from the probate estate administration.

Probate Procedure and Probate Process:

Typically, the executor or administrator files the probate application with the help of their probate attorney and Will if applicable. Then there is a posting period for a Will or administration for at least ten days before executor or administrator can probate the Will and/or have an estate administration if an intestate heirship (an estate administration without a will). At the probate hearing, the executor or administrator proves the validity of the Will and seeks to be appointed executor or administrator with aid of their attorney. After the probate hearing, the executor or administrator will receive “letters of testamentary” or “letters of administration” from the probate court. Thereafter, if there is an independent administration granted by probate court the executor or administrator collects estate assets. The probate court will expect the administrator or executor to do an estate inventory and file a notice to creditors for the estate with aid of their attorney. There is also a requirement of notice to heirs from the executor or administrator. For independent administrations this completes most of functions of administrator or executor. As your attorney, I will be involved in each step of the probate process. Will probates can be completed within several weeks. Estate administrations that are intestate (no Will) can take a month or more depending on the probate court.

Divorce Process and Costs and Time:

As your attorney, I offer flat fees for an uncontested divorce which can be completed in the minimum time period for a divorce case, which is 61 days from the date of filing. Talk to me about payment arrangements.

For a contested divorce, I offer a reasonable hourly rate and retainer. For a contested divorce the other spouse needs to be served by citation which starts the divorce process. After service of process, there can be a temporary injunction to protect a spouse physically and financially. Typically, after 15 days there is a temporary hearing which determines support and custody while the divorce is pending. Thereafter, the case goes to meditation and possibly trial after six months if an agreement cannot be reached.

If need help contact us for a free consultation for the Houston, San Antonio, Austin and Dallas/Fort Worth areas.

HOUSTON PROBATE LAWYER UPDATES Several Trust, Estate, and Probate changes recently took place in Texas, affecting the probate process in Houston probate courts impacting estate attorneys and lawyers in the areas of Will administration and Estate administration. All Texas probate courts and Houston Probate Courts now require notification to heirs by executors or estate administrators. Regardless of whether an executor or administrator needs a probate lawyer, Houston attorney, Dallas attorney, San Antonio attorney, or Austin attorney, a probate lawyer must guide an executor or estate administrator through potential fiduciary litigation issues in probate estates and probate litigation which requires a probate lawyer to stay focused on Texas probate changes. Estate lawyers need to stay updated on probate law for Will contests, Will challenges, Trust challenges and fiduciary litigation cases which requires attorneys to stay focused in Texas probate law. read more