San Antonio Probate Attorney

Bexar County Estate Administration Lawyer Assisting With the Texas Probate Process

After a person dies, multiple types of issues related to their property, assets, and final wishes will need to be addressed. These matters will be handled by the person who is appointed as the administrator of their estate. If the decedent had a will, they most likely named a family member or other loved one as their executor. In cases where a person did not have a will, a loved one may ask to be appointed as the estate administrator. Executors and estate administrators will need to complete the probate process, and they can do so with the help of a lawyer who has experience addressing matters involving estate and probate litigation.

If you have been appointed as an executor or wish to serve as an estate administrator, Geoff Mayfield, Attorney at Law can provide the legal help and representation you need throughout the probate process. He will make sure you understand all of the requirements you will need to meet and the procedures you will need to follow, and he will work to ensure that you can carry out your loved one's wishes as quickly and efficiently as possible. Geoff has more than 15 years of legal experience, and he can provide the guidance you need as you see to your loved one's final affairs.

Steps in the Probate Process

In Texas, an executor or estate administrator will need to complete the following procedures during the probate process:

1. Application for Probate - The person named as an executor or another party who wishes to be appointed as an estate administrator will file this application to open the probate case in the probate court of the county where the decedent resided. A probate application may be filed at any time within four years after the decedent's death.
2. Will validation hearing - After a two-week waiting period in which interested parties will have the opportunity to contest the validity of the will or the administration of the estate, a hearing will be held before a probate court judge. At this hearing, the judge will verify the decedent's death and recognize that the will is valid or that the person died without a will. The judge will then appoint a person as estate administrator as long as they believe that the person is qualified to serve in this role.
3. Inventory of assets - The estate administrator will take a full inventory of the decedent's assets, and they will usually be required to submit this inventory to the court along with a valuation of the assets at the time of the decedent's death. If the decedent had no outstanding debts, the administrator may be able to submit an Affidavit in Lieu of Inventory.
4. Notification to beneficiaries and creditors - The administrator will notify all beneficiaries named in the decedent's will, or if the decedent had no will, all parties who have the right to an inheritance. They will also provide notification to the decedent's creditors, informing them of their right to make claims against the estate.
5. Resolution of disputes - If heirs or other interested parties believe that a will is invalid or that they have a claim to the decedent's assets, they may pursue probate litigation. In general, litigation involving contested estates can be initiated within two years after a will was admitted in probate court.
6. Distribution of assets - After all debts and taxes for the estate have been paid and any disputes have been resolved, the administrator will distribute the decedent's assets. This distribution will be based on the instructions provided in the decedent's will, and if the decedent did not have a will, assets will be distributed according to Texas' laws of intestate succession.

Contact a San Antonio Probate Process Lawyer

Geoff Mayfield can provide you with the representation you need during the probate process, ensuring that you complete all steps correctly and meet all of your legal requirements. To set up a free consultation and get legal help with probate-related matters, contact our law office at 210-535-0870. Geoff provides representation for executors and estate administrators in Kendall County, Comal County, Atascosa County, New Braunfels, Boerne, Kerrville, Seguin, Del Rio, Hondo, Frio County, Bexar County, Blanco County, San Antonio, Medina County, Wilson County, Guadalupe County, Laredo, and San Marcos.