Probate

Woman hugging sad senior woman

POST-DEATH SOUTHLAKE PROBATE ATTORNEY - POST-DEATH ESTATE GUIDANCE

Our goal is to take on the burden of legal complexities and allow our clients to focus on what’s important during this time: family.

We offer a wide range of services to aid families in the probate process when it is necessary to probate an estate in court.

Peabody Law Firm is dedicated to maintaining and administering the wishes of a person who has passed to ensure that their families or loved ones have any needs or concerns resolved in a timely manner.

WHAT IS PROBATE?

The process of probate begins as the court legally recognizes a person’s death, along with determining the distribution of assets and payment of debts of the decedent.

If the decedent has a Will in place, the estate will need to be probated in court. The court will validate the Will and designate the administrators of the Will.

Courts will authenticate the asset transfer from one generation to the next. This process is often lengthy, taking upwards of 9 months or more.

Probate is often a burdensome process for the family, but it can be avoided!

Having a robust Estate Plan in place can eliminate the need for probate. Discuss your options with an estate planning attorney in Southlake today.

Understanding Probate: A Comprehensive Guide by Peabody Law Firm

Probate is an essential legal process, and at Peabody Law Firm, we aim to demystify it for our clients. The term “Probate” comes from Latin, meaning “proving up.” It involves a court of competent jurisdiction assessing whether all legal requirements were met to ascertain a deceased person’s beneficiaries or if the court must identify the deceased person’s heirs.

1. Clarifying Legal Terms:

In probate, the term “Decedent” refers simply to a person who has passed away. Understanding these terms is the first step in navigating the probate process.

2. Small Estate Affidavit:

For estates valued at less than $75,000 (excluding homestead property), the probate process might be bypassed through a Small Estate Affidavit. This process, which Peabody Law Firm can facilitate, simplifies the legal proceedings for smaller estates.

3. Larger Estates and Probate Proceedings:

When an estate exceeds $75,000 in value (excluding homestead property), more comprehensive legal proceedings are required to transfer the Decedent’s assets. These processes can vary, depending on factors such as the existence of a valid Last Will & Testament and the nature of the estate’s assets.

  • Muniment of Title and Letters Testamentary: If the Decedent left a valid Last Will & Testament, the executor might engage in probate as a Muniment of Title or seek Letters Testamentary. The choice depends on specific estate circumstances, and Peabody Law Firm offers expert guidance to determine the appropriate course of action.
  • Determination of Heirship: In cases where no valid Last Will & Testament exists, and the estate includes more than real property, a Determination of Heirship may be necessary. This legal process involves a court investigating and determining rightful heirs based on legal statutes.

4. Peabody Law Firm's Commitment:

Navigating through probate proceedings can be complex and challenging. At Peabody Law Firm, we strive to make this process as stress-free as possible for our clients. Our experienced team provides personalized guidance and support, ensuring that you understand every step of the probate process.

5. Free Probate Consultation:

We understand that each probate case is unique. That’s why we offer a free Probate Consultation to answer your specific questions and provide tailored advice for your situation.

At Peabody Law Firm, we are dedicated to providing comprehensive and compassionate legal assistance in probate matters. Contact us to navigate the intricacies of probate law efficiently and with confidence.