Probate Lawyer in San Antonio
The probate of wills or the administration of an estate under the supervision of the court is a common, everyday legal occurrence. Handling them in a timely and cost-effective manner is something different.
At Wilson Brown, PLLC, we handle probate and estate administration concerns on behalf of clients in the San Antonio and surrounding areas and throughout southern and central Texas. We utilize a team approach and work with CPAs and other professionals to make sure that the process goes as smoothly and as economically as possible. Often we are able to probate an uncontested estate within a matter of weeks.
We provide comprehensive services in these areas that range from simply carrying out the wishes of the deceased as set forth in their will to handling complex will-contest litigation.
To learn more about how we can assist you, contact an experienced San Antonio, Texas, probate attorney at our law firm.
San Antonio Legal Guardianship
In Texas, legal guardianship can be both of a person and an estate at the same time, or it can be of either one separately. In either case, the position of guardian represents an enormous amount of trust and responsibility. We will work directly with you to answer any questions regarding guardianship duties so you can be fully informed regarding the diligent and ethical care of persons and estates.
Our firm offers services for a full range of needs including the temporary guardianship of minors, permanent guardianships of elderly, incapacitated, or mentally handicapped adults, guardianships of estates, and more.
San Antonio Probate Law Overview
San Antonio probate law can be a confusing process for families that have recently lost a loved one. Many factors influence the execution of probate law, but the two main considerations are:
Navigating Probate with a Will
If the deceased party had a will, the first step is to file an application with Probate Court with the original will. The clerk posts a notice that an application has been filed. Within a few weeks, the Probate Court holds a hearing where the executor of the will must appear. The executor takes an oath, and the clerk issues Letters Testamentary – the documents that give the executor the authority to execute the will.
The executor then has the task of gathering property and notifying creditors. The executor files an inventory with the court describing the estate’s assets, the court reviews and approves the inventory, and the executor can then pay the debts of the estate. After all of that is complete, probate law enables the executor to distribute the remaining assets according to the terms of the will.
Dealing with Probate Law When There Is No Will (Intestate Process)
If there is no will, the Intestate Process of probate law is a bit more complicated. The family must determine heirship through a formal process, and an administrator must be appointed to manage the affairs of the estate. If an Independent Administrator is appointed by the agreement of all the heirs, this individual then completes the normal duties of administrating the estate. However, in the event of a Dependent Administrator, the probate court must approve every significant action pertaining to the estate.
The estate is administrated in much the same way as if there was an executor and will. The administrator gathers property, notifies creditors and files an inventory with the court. Once the court approves the inventory, the administrator pays the estate’s debts and distributes the remaining assets among the heirs.
Need Help with Probate Law? Contact an Experienced San Antonio Probate Lawyer
The probate law process can be extremely confusing for families to navigate alone. A good San Antonio probate law attorney can take all of the uncertainty out of the probate process and help your family get a positive resolution for your loved one’s estate. Our probate lawyers may be able to help you find faster alternatives to the traditional probate process. At the very least, we can help you avoid conflict and ensure that your loved one’s wishes are respected at the end of the probate law process.
Contact the team today for a free case evaluation: 210-787-4637.