December 7, 2023

In almost all cases, Houston probate law requires that you hire a Houston probate attorney to be involved with the administering of the estate probate attorney conroe, tx. There are very few exceptions to this Houston probate law.

In almost all cases, Houston Probate: Does Probate Law Require You To Hire A Houston Probate Attorney? Articles Houston probate law requires that a Houston probate attorney to be involved in the administering of the estate. There are very few exceptions to this probate law so it’s in your best interest to hire a Houston probate attorney when you have to go through Houston probate. But how do you know when to hire a Houston probate attorney?

What is Houston Probate?

Houston probate is the process of establishing what probate loans, assets, debts, taxes, claims and expenses the deceased had and after paying creditors, distributing the remaining assets to the beneficiaries. In accordance with Houston probate law, this process is court supervised and can either be Formal Administration or Summary Administration. In both cases, a Houston probate attorney should be involved to ensure nothing is overlooked.

Formal Administration is the most common method of administering Houston probate cases for two reasons:

The deceased has property and assets in excess of $75,000 and has passed away within the past two years.

The deceased requested Formal Administration in his or her will.
Summary Administration is an abbreviated Houston probate process and is only used if the deceased passed away more than 2 years ago or the assets and property are less than $75,000. Even if you qualify for Summary Administration, Houston Probate Law allows you to choose Formal Administration. Consult a Houston probate attorney to help you determine which method is right for your situation. Further reading about probate laws is available at

Why does Houston Probate Law Require a Houston Probate Attorney?

Even with a valid will, legal in the state of Houston, a probate attorney is recommended by the state to represent the executor or personal representative of the will to ensure they have completed all the necessary tasks and have preserved the estate. A personal representative is the executor to the will. This can be a bank or trust company but is usually a person. Some of the tasks that are part of the probate process in Houston:

  • Probate notice to creditors to allow them to make a claim for payment from the estate.
  • Assess each claim and pay it, negotiate a lower payment or object the claim.
  • Gathers all the assets of the estate.
  • Preserves the assets of the estate until it is time to distribute the assets.
  • Pay taxes for the deceased.

There are other tasks the personal representative is responsible for depending on the size and scope of the estate. The personal representative will have to file legal forms and send out legal documents as well. Because of the many and varied responsibilities of the personal representative, seeking the professional advice of a Houston probate attorney is not only recommended, probate law requires it for a Formal Administration.

How to avoid Houston Probate?

There is only one way to avoid probate in the state of Houston. Probate laws do not apply to revocable trusts that name beneficiaries. If you have all assets and property funded in a revocable trust, then all assets and property pass to named beneficiaries without going through the Houston probate process. There is another added benefit to a revocable trust, and that is, that all details are kept private, unlike the Houston probate process where there are few privacy protections.

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