Probate is the process of transferring a person's estate under the supervision of the Probate Court. Probate normally involves the process of identifying the assets of the estate, satisfying any debts, and then transferring the assets to the beneficiaries. The goal of probate is to transfer the assets of the estate in the most efficient manner and minimize income and estate taxes. Probate may also involve the establishment and administration of a trust or guardianship. In some cases, estate planning can be done to avoid the necessity of probate.
We provide legal services necessary for the following probate procedures:
Probate of Last Will and Testament
- Probate of Will as a Muniment of Title
Ownership of assets is transferred to beneficiaries named in the last will and testament without the appointment of an executor, and no inventory is filed. This method is only available if there are no debts.
- Independent Administration
An independent executor is appointed, inventory is filed, and then debts are paid and assets transferred to beneficiaries without further supervision of the Probate Court. This is the most commonly used probate method in Texas.
- Dependent Administration
An administrator is appointed, inventory is filed, and then debts are paid and assets transferred to beneficiaries after approval is obtained from the Probate Court. This method is usually avoided due to the higher costs, unless court supervision is desirable to resolve issues related to beneficiaries or creditors.
Intestate Procedures (No Last Will and Testament)
- Heirship Affidavit
The Heirship Affidavit summarizes family history and establishes the identity of a person's legal heirs. It is filed in the real property records of the county in which real property owned by the decedent is located. This procedure is most useful to transfer ownership of real estate when there are no debts.
- Small Estate Affidavit
The Small Estate Affidavit is a type of Heirship Affidavit that is filed with the Probate Court and requires the approval of the Probate Judge. No administrator is appointed. This method is most efficient to transfer assets of an estate when the total value of assets is $50,000 or less, plus the homestead.
- Proceeding for Declaration of Heirship Without Administration
This proceeding in the Probate Court establishes the identity if a person's legal heirs. Ownership of assets is transferred to beneficiaries without the appointment of an administrator, and no inventory is filed. May be used only if the estate has no debts. This procedure is most efficient to transfer assets of an estate when the total value of assets exceeds $50,000.
- Dependent Administration
In this proceeding in the Probate Court, an administrator is appointed, inventory is filed, and then debts are paid and assets transferred to beneficiaries after approval is obtained from Probate Court. This method is usually avoided due to the higher costs, unless court supervision is desirable to resolve issues related to beneficiaries or creditors.
Guardianship Proceedings
For minors or incapacitated persons, the Probate Court will appoint a guardian of the person (to manage personal and medical needs) and/or a guardian of the estate (to manage financial affairs). Guardianships involve ongoing supervision by the Probate Court.
Preparation of Estate Tax Returns
- Federal Estate Tax Return (IRS Form 706)
- Texas Inheritance Tax Return (Form 17-106)
Income Tax Planning for Estates and Trusts
Administration of Revocable Management Trusts