Wills And Probate Lawyer in The Woodlands, TX
Servicing Harris, Montgomery, Walker, Brazoria, and Galveston county
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FLAT FEE PROBATE SERVICES OFFERED!
ASK US ABOUT OUR PAYMENT PLANS TODAY.
Most of our probate services can be performed for a flat fee but we must gather sufficient facts from you through a free phone consultation to determine which route will be best for you. Please see our fees tab for more information regarding our pricing for wills & probate services.
What is Probate?
This is the court process that allows a will to be filed with the court so that the decedent’s assets may be distributed to all beneficiaries. The court will recognize a person’s death and oversee that all matters associated with the will and the probate process are carried out. It also notifies creditors of the decedent in case there were outstanding debts at the time of the decedent’s passing. The probate process also allows the executor or administrator to be appointed by the court so that the decedent’s will may be carried out according to his/her terms.
If a person dies with a will, the named executor in the will must file the will for probate in the county in which the person died. Each county requires different filing fees and there are different options in terms of filing depending upon what was left by the decedent.
How long do I have to probate a will?
Texas law states the executor of the will has four years from the date of death of the testator (person who made the will) to file the will for probate. If the will is not filed for probate within the four-year period, the decedent’s assets will pass according to the laws of intestacy (as if there was no will ever created) and the assets will be distributed based on those laws.
How long does the probate process last?
This depends upon how complex or simple the estate of the decedent is. For a simple estate matter, the entire process can usually be completed within 6-8 months. There are many factors that can contribute to this such as how backed up the probate court may be to actually have a hearing to probate the decedent’s will.
Does everything go through the probate court?
No, there are items known as non-probate matters which pass to the beneficiaries without the need for the probate court getting involved. These include thing such as trusts, insurance policies, 401(k) plans, IRAs, pensions, profit sharing, bank accounts with listed beneficiaries, and a few other items.
Most common used terms in the probate process
Decedent – This is the term most widely used by probate courts to refer to the person that has died and left the will to be probated.
Executor – This is the individual named in the will by the decedent that will oversee how the estate is distributed. They are also responsible for notifying creditors of the decedent’s passing and filing an inventory of the decedent’s estate with the court.
Beneficiaries – These are the named individuals in the will that will be inheriting something from the decedent per the terms of the will. These are also the individuals who will receive from the decedent based upon a court’s finding if there is no will left by the decedent.
Will – This is the legal instrument/document left by the decedent that states how he/she wishes for her estate to pass and how his/her bills should be paid.
Devise – This just means to transfer ownership
Heir – This is someone who has a right to inherit under Texas laws of descent and distribution
FLAT FEE ESTATE PLANNING PACKAGES OFFERED!
Drafting a will is a very important process to ensure that your assets are properly distributed after your death. With no will present, a person’s belongings and assets will be distributed according to the Texas intestacy laws which can be unfavorable for many of your relatives and those that you intended to give your belongings to.
Our firm handles all aspects of the estate planning process and probate process. Most services can be done on a flat-fee basis. Our pricing is transparent and affordable for all will packages and probate services. All of our estate planning packages we offer a 3-Day Guarantee on. If you do not receive the initial draft of your estate planning documents within 3 days, we will discount the total fee paid for the package. While there are so many online companies to choose from regarding wills, we believe it is crucial to have a will that is highly customized and tailored to your exact situation so that your loved ones may benefit to the fullest extent and will have access to us even after the will is complete. Most of our probate services can also be performed for a flat fee but we must gather sufficient facts from you through a free phone consultation to determine which route will be best for you. Please see our fees tab for more information regarding our pricing for wills & probate services.
Our process starts with the completion of an information packet to let us know exactly how you want your belongings to pass and you want to be in control of your estate upon your passing.
We offer the following services:
- Standard Basic Will
- We offer discounts on this if you are signing remotely. Ask our office staff today!
- Standard Basic Will Package (Includes Basic Will, Medical Power of Attorney, Financial Power of Attorney, Directive to Physicians, and Disposition of Remains)
- Each item included in the Standard Basic Will Package is crucial to having the most inclusive estate plan in place.
- We offer discounts on this if you are signing remotely. Ask our office staff today!
Contact White & Mejias, PLLC today for help with legal matters!