subject: Must I Have an Attorney to Probate a Will in Texas? [print this page] Must I Have an Attorney to Probate a Will in Texas?
Probate is used by the courts to implement the will of an individual, divide and distribute any assets to the named beneficiaries, and ensure that any of the deceased's unpaid debts are paid for.
When a relative passes away in Texas, heirs may need clarification on whether they should acquire the aid of a probate attorney in order to have a will probated as they are not familiar with the procedures. Under the Texas probate state law, attorneys are not legally needed to probate a will. Even though attorneys are not a legal requirement, it is important to realize that the process of probate is very confusing and will need a considerable amount of time and expertise in probate law. For this reason, many people choose to acquire assistance from a qualified and skilled Texas probate attorney.
The advantages of using a Texas Probate Attorney
Interested parties that are looking to have a will probated in Texas should consider acquiring the help of an attorney. Some of the advantages of obtaining the help of a Houston probate attorney include the following:
* Your attorney can be present at all required court appearances to talk with the judge about the details of the estate
* Filing all required Texas probate applications with the court, such as: the application to probate a will, orders needed to admit the will to probate, the inventory, appraisement and list of claims, as well as the application to determine an allowance for family member
* Catalog and appraise all estate assets so that an accurate value is determined
* Prepare and send out notices to the creditors of the estate, this will include arranging the placement of the notice in a few newspapers for public reference
* When required, the attorney will make arguments to the court
* And much more.
If you opted to enter into a Texas probate without the assistance of a probate attorney, you would have to deal with the aforementioned tasks, as well as dealing with your usual daily routines.
Trying to Probate a Will without the Help of an Attorney in Texas
For some estates, if you have some familiarity of the forms you need, along with instructions, it may be possible to go at it alone. However, for more complicated estates, you will probably want legal assistance. If you choose not to hire a lawyer to support you through the probate process, you could be held personally liable for any errors you make.
Examples of problems that can become apparent include:
* Appointing a guardian to a minor who has been left property
* The need to sort out a complicated tax situation
* When the deceased has left unpaid taxes
* Wording of the will may be unclear or problematic
* The matter of unpaid debts being claimed from the deceased.
A knowledgeable Houston probate attorney will offer you a positive probate process. Heirs will be more likely to be given their allotted share if the wishes of the deceased are carried out in the way they intended. The help of a a probate attorney simplifies the Texas probate process.
