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Estate Law Ensuring that your loved ones receive the protection and care they deserve.

Denton Probate Attorneys

Helping Families Navigate the Probate Process

When a loved one passes away, the last thing you want to think about is the legal process that follows. Unfortunately, the Probate process is often necessary to ensure that the decedent’s assets are properly distributed and their debts are paid. If you are the executor of a loved one’s estate, you may be feeling overwhelmed by the Probate process. At Coker, Robb & Cannon, Family Lawyers, we understand how difficult this time can be, and we are here to help.

Our Denton Probate lawyers can guide you through the Probate process, ensuring that you meet all necessary deadlines and requirements. We can also help you avoid common mistakes that could lead to disputes or litigation. If you are a beneficiary of a loved one’s estate, we can help you understand your rights and protect your interests. Our team is available to answer your questions and address your concerns every step of the way.

For a consultation with our Probate attorneys in Denton, TX, call (940) 293-2313 or contact us online.

What is Probate?

Probate is the legal process of administering a deceased person’s estate. The process involves several steps, including proving the validity of the decedent’s Will, identifying and inventorying the decedent’s assets, paying the decedent’s debts and taxes, and distributing the remaining assets to the decedent’s beneficiaries or heirs. If the decedent did not have a Will, the Probate process is still necessary to distribute the decedent’s assets according to Texas intestacy laws.

The Probate process typically involves the following steps:

  1. Filing the Will and other necessary documents with the Court: The Executor of the estate must file the decedent’s Will, along with a petition to open Probate, with the appropriate Texas Probate Court. If the decedent did not have a Will, a family member or other interested party must file a petition to open Probate and request that the Court appoint an Administrator to oversee the process.
  2. Notifying interested parties: The Executor or Administrator must notify the decedent’s beneficiaries, heirs, and creditors that the Probate process has begun. This typically involves sending a copy of the Will and a notice of the Probate proceeding to all interested parties. The Executor or Administrator must also publish a notice of the Probate proceeding in a local newspaper.
  3. Inventorying the decedent’s assets: The Executor or Administrator must identify and inventory all of the decedent’s assets. This includes real estate, bank accounts, investment accounts, retirement accounts, life insurance policies, personal property, and more.
  4. Appraising the decedent’s assets: The Executor or Administrator must have the decedent’s assets appraised to determine their value. This is necessary to calculate the decedent’s estate tax liability and to ensure that the assets are properly distributed.
  5. Paying the decedent’s debts and taxes: The Executor or Administrator must pay the decedent’s outstanding debts and taxes using the assets of the estate. This may involve selling certain assets to generate the necessary funds.
  6. Distributing the remaining assets: After all debts and taxes have been paid, the Executor or Administrator can distribute the remaining assets to the decedent’s beneficiaries or heirs. If the decedent had a Will, the assets will be distributed according to the terms of the Will. If the decedent did not have a Will, the assets will be distributed according to Texas intestacy laws.

The Probate process can be complex and time-consuming, especially if the decedent has a large or complicated estate. It is not uncommon for the Probate process to take several months or even more than a year to complete. In some cases, the process can be delayed by disputes or litigation. Our Denton Probate attorneys can help you navigate the Probate process, ensuring that you meet all necessary deadlines and requirements.

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How Long Does Probate Take in Texas?

The length of the Probate process in Texas depends on several factors, including the size and complexity of the Estate, the number of beneficiaries or heirs, and whether there are any disputes or litigation. In general, the Probate process in Texas takes a minimum of six months to complete. This is because creditors have six months from the date of the decedent’s death to file a claim against the Estate. If a creditor files a claim, the Executor or Administrator must pay the claim using the assets of the Estate. If the Executor or Administrator disputes the claim, the Probate process can be delayed even further.

If the decedent had a large or complicated Estate, the Probate process can take much longer. For example, if the decedent owned Real Estate in multiple states, it may take several months to transfer the property to the beneficiaries or heirs. If the decedent’s Will is contested, the Probate process can be delayed by several months or even more than a year. Our Denton Probate lawyers can help you navigate the Probate process, ensuring that you meet all necessary deadlines and requirements.

How Our Denton Probate Lawyers Can Help

At Coker, Robb & Cannon, Family Lawyers, we understand how difficult the Probate process can be, especially if you are still grieving the loss of a loved one. Our Denton Probate attorneys can handle all aspects of the Probate process on your behalf, ensuring that you meet all necessary deadlines and requirements. We can also help you avoid common mistakes that could lead to disputes or litigation. If a dispute or litigation arises, we can represent your interests in court.

Our Denton Probate lawyers can help you with the following and more:

  • Opening Probate: We can help you file the necessary documents with the court to open Probate. If the decedent had a Will, we can help you prove the validity of the Will. If the decedent did not have a Will, we can help you request that the court appoint an administrator to oversee the Probate process.
  • Notifying interested parties: We can help you notify the decedent’s beneficiaries, heirs, and creditors that the Probate process has begun. We can also help you publish a notice of the Probate proceeding in a local newspaper.
  • Inventorying the decedent’s assets: We can help you identify and inventory all of the decedent’s assets. We can also help you have the assets appraised to determine their value.
  • Paying the decedent’s debts and taxes: We can help you pay the decedent’s outstanding debts and taxes using the assets of the Estate. We can also help you sell certain assets to generate the necessary funds.
  • Distributing the remaining assets: We can help you distribute the remaining assets to the decedent’s beneficiaries or heirs. If the decedent had a Will, we can help you distribute the assets according to the terms of the Will. If the decedent did not have a Will, we can help you distribute the assets according to Texas intestacy laws.

If you are a beneficiary of a loved one’s Estate, our Denton Probate lawyers can help you understand your rights and protect your interests. We can also help you contest the validity of a Will or challenge the actions of the Executor or Administrator.

Contact us today at (940) 293-2313 to discuss your case with our experienced legal team.

Why Choose Coker, Robb & Cannon, Family Lawyers?

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