Plano Probate Lawyer

Get Skillful Guidance Through the Probate Process

Probate is a notoriously complex area of the law that has the potential to frustrate, confuse, and overwhelm. If you have been named Executor of a will, you need a seasoned lawyer on your side to help you carry out your duties efficiently and properly. In Plano, the law firm you need is Crain & Wooley. Our experts focus solely on estate planning and probate matters, so you can feel confident in our qualifications and the quality of our representation.

Crain & Wooley is ready to represent your best interests. Call (972) 560-6288 now to connect with an experienced Plano probate attorney.

What is Probate?

Probate is the a legal process where estate assets and property previously owned by a deceased person is analyzed and transferred to loved ones. The court oversees the payment of outstanding debts by the decedent (deceased person) and the distribution of their assets -- this is also known as probate administration.

Types of Probate in Texas

In Texas, there are several types of probate proceedings depending on the type of estate that you have:

• Formal Probate - Required if the estate is less than $75,000, excluding specific types of exempt property
• Muniment of Title - A process that allows for transferring assets if there is a valid will.
• Small Estate Affidavits - This may be applicable in certain circumstances for people who inherit property -- a simple affidavit may be prepared to collect property
• Small Estate Procedures - If the value of the property does not go over what is needed to pay the surviving spouse, minor children, any "adult incapacitated" children, and certain creditors, this may be applicable

Speak with a seasoned Plano probate lawyer at Crain & Wooley. Contact us online or call (972) 560-6288.

Probate FAQ

Death and taxes are great equalizers. Each of us, no matter age, race, gender or socio-economic status, encounters death and pays taxes. But who knew dying could be so complicated? There are many misconceptions regarding the steps needed to secure a prosperous future for yourself and your heirs. One widespread misconception is that having a last will and testament avoids the probate process, yet the court system is full of will-based probate cases. How is this possible?

Let’s explore a few common questions surrounding the creation and implementation of a last will and testament.

What is a will?

A will is typically a type-written document that has to be witnessed by at least two disinterested individuals and signed in front of a Notary Public. It contains information explaining what you want to happen to your things after you are no longer here.

Does a last will and testament allow my heirs to avoid probate proceedings?

No. Probate is required if your estate is worth more than $75,000. Before your heirs can inherit assets left to them, an application for probate must be filed in the probate court in the county in which you passed away. Usually, a probate application must be filed within 4 years of your passing.

What are the steps to probate a will in Texas?

Fulfilling your last wishes set forth in your will requires your executor to complete an 8-step process.

1. Filing with the court
2. Posting notice
3. Validating the will
4. Inventory of assets
5. Identifying beneficiaries
6. Notifying creditors
7. Resolution of disputes
8. Distribution of assets

This process can be quite lengthy and costly; taking anywhere from 6 months to multiple years depending on the complexity of your estate.

How much does the probate process cost?

Each probate situation differs in total costs incurred, but the types of costs sustained are the same across the board. Costs such as court fees, attorney fees, accounting fees, appraisal fees, and other miscellaneous charges must all be paid prior to the distribution of assets.

Are all assets subject to probate?

Not all assets are probated in Texas and may be passed outside of the will. Assets that are not subject to probate include, but are not limited to the following:

• Insurance policies
• 401(k) plans
• Pensions
• Funds held in trust
• Joint Tenants with Right of Survivorship
• Payable on Death bank accounts

Does my estate have to hire an attorney to go through the probate process?

Most of the time, yes. Texas courts usually require an executor to be represented by an attorney in a probate matter because an executor not only represents himself, but also the interest of beneficiaries and creditors.

What options are available to avoid probate proceedings?

One common way to avoid probate proceedings and allow your last wishes to be carried out without delay is to create a revocable living trust.

What is a revocable living trust?

A revocable living trust directs the administration of assets during your life and directs the disposition of your estate at the time of your death, allowing trust beneficiaries to receive assets without court interference.