How Long Does Probate Take in Texas?

Categories: Probate

When winding up business affairs of a person who has passed away, many people may be concerned about how long it will take to go through the probate process to probate a Will. There is a series of events that should take place to effectively probate a Will. In this article we will discuss the…

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How Much Does Probate Cost in Texas?

Categories: Probate

A big concern for many people thinking of probating a Will is the cost of the probate process. Texas law allows for a streamlined process of probating Wills called independent administration. If independent administration is provided for in the Will, executors and administrators can perform their duties largely independent of court supervision, thereby reducing the…

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Types of Probate Courts in Texas

Categories: Probate

There are a variety of types of courts in Texas that have jurisdiction over different kinds of cases. In this article we will generally discuss the Texas court system and explain how probate courts fit within that structure. Austin probate lawyers Farren Smith and Tyler Bleau are experienced in court settings and can assist with probate and other court proceedings in all courts in Austin, Round Rock, Pflugerville and Cedar Park.

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Contesting a Will in Texas

Categories: Contested Probates

Under Texas law, any interested person may contest a Will. While “interested person” is defined as an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered, cases discussing standing have narrowed those able to contest Wills to persons who have a pecuniary or justiciable interest that will be affected by the probate of the Will. The person wishing to contest a Will has the burden of proving that he or she meets the definition of interested person to have standing to contest probate of a Will.

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Travis County Probate

Categories: Probate

Counties in Texas have special courts set up to handle probate cases, where Wills are validated or property is passed upon a person’s death. Many of these courts have limited jurisdiction to hear certain types of cases. In this article we will discuss probate courts in Travis County, Texas. Austin probate lawyers Farren Smith and Tyler Bleau can help answer questions and assist with probate proceedings in Travis County Probate Court.

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Guardianships for Minor Heirs

Categories: Guardianship

Texas law provides that parents are the natural guardians of their children in most instances. However, if the parents die, or if a minor child inherits property, legal action may need to be taken to protect and provide for the children and their assets. In this article we will discuss guardianships for minor heirs. Austin…

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Managing Estate Assets as Executor

Categories: Probate

If you have been named as an Executor (or Executrix, if female) of an estate, it may seem on the one hand a great honor and on the other an overwhelming responsibility. It is your job as the individual named in a person’s Will to settle the decedent’s estate. The decedent placed a great deal…

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Texas Medical Powers Of Attorney

Categories: Probate

It happens all too frequently, a loved one has an accident, gets seriously ill, or is nearing the end of life and they and their families find it difficult to decide on whether to continue medical treatment and, if so, how much treatment is wanted and for how long. A useful legal document everyone should…

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Testamentary Capacity For Making a Will

Categories: Estate Planning

A Will is a valuable legal document that designates who will receive property of a testator when he dies. Under Texas law, an adult may draft a Will at any time, as long as he meets the legal requirements when executing the Will. One important requirement is that the testator was of sound mind (or…

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