Articles Tagged with No Will Probate Texas

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In Rockwall and Kaufman counties, it is quite normal for families to be blended: one or both spouses had children from previous marriages prior to entering into the current marriage. So, when I talk to potential clients about obtaining a Will, one of the inevitable questions is always “what happens if I die without a Will?” So, lets talk about that for a minute. Recently, I had a couple with a blended family in my office who had substantial assets that they wanted to have distributed upon their death. They had done some research and were aware enough to know that Texas does have a set of laws known as the “laws of descent and distribution” in the State of Texas, but they wanted to know how it would affect their estate if they just used the default rules instead controlling the process through having a comprehensive estate plan. I’ll answer this just like I did with them:

What Happens If I Die Without a Will?

Chapter 201 of the Texas Estates Code addresses this issue and, based on whether you are married, divorced, blended family, adopted children, died without children, and so on and so forth, this chapter deals with any of these such issues.

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Probate in Texas is meant to be a relatively simple process, but that is not always the case. In fact, it is downright intimidating for most people and the thought of having to go to court to have a Court oversee the work done by the administrator of the Estate can be almost too much to bear on your own. Here at Guest and Gray, our goal is to provide you with the best possible representation so that you may have the Estate of your loved one administered in the fastest, most effective manner possible. In Kaufman and Rockwall counties, there are no statutory probate courts, so the process takes place in the county courts at law. We are long-time faces in this legal community and have the resources and knowledge to guide you through this difficult process.

In order to give you an idea of what the process is like to have an Estate probated in the Rockwall and Kaufman County courts is like we have prepared a quick overview of this process and why it is so important to hire an attorney:

  1. A Petition for Probate must be filed in the Court where the deceased party resided. This requests the appointment of an executor. If there is no Will, the Court will appoint someone to serve as the Personal Representative of the estate.  Notice must be given to all heirs and beneficiaries, as required by the court.
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