Navigating the Probate Process
Probate is simply the legal process that takes place after someone dies. If the deceased has a valid will in place, the probate court verifies it, then ensures that the decedent’s wishes are followed.
If the deceased died without a will, the court uses Texas law to distribute assets and pay debts. As simple as it sounds, probate can get complicated quickly. The terminology can be confusing; the court’s rules and procedures are hardly intuitive and lean toward the arcane at times.
About Hopkins Centrich
Hopkins Centrich PLLC provides cutting-edge, high-quality, creative legal solutions for businesses and business owners in Texas.
Our attorneys and staff have decades of experience in virtually every aspect of business and estate law in The Woodlands and Texas. We have designed and incorporated businesses, managed their every legal concern, engaged in litigation on their behalf, aided with mergers and acquisitions, managed mergers, acquisitions, and sales.
We have handled the most complex estate matters for clients in all walks of life. We are particularly adept at handling estate issues that involve family-owned and closely held companies.
Hopkins Centrich knows Texas business and estate law. When we work with a client, our sole focus is on them. We take advantage of everything technology has to offer to optimize how we work. That gives us more time to spend with you, more time to understand the issues, and more time to negotiate and prepare for trial.
We get that no one wants to contact a law firm unless they feel they absolutely have to. When they do, it almost always means that ‘things have reached a head.’ The attorneys and staff of Hopkins Centrich understand business. We understand business owners. We will make any legal process understandable; you will know what is happening with your case every step of the way, and you will never have to track us down for answers.
Probate Issues and Things to Know
Here are some key aspects surrounding probate issues and proceedings in Texas:
Jurisdiction - Probate proceedings take place in specialized probate courts in each county for decedents who resided or owned property in that county.
Independent vs Dependent Administration - Texas allows for independent administration where the executor handles probate with minimal court supervision, as well as dependent administration with closer court oversight.
Will Probate - The decedent's last will must be submitted to probate and be self-proven through notarization or affidavits of witnesses, or otherwise proven as valid through a court proceeding.
Appointing Executor - Typically an executor named in the will petitions to be formally appointed by the probate court to administer the estate. If there is no will, the court will appoint an administrator.
Inventory and Appraisement - The executor must file an inventory of estate assets and have real estate appraised by appointed appraisers.
Creditor Claims - The executor must provide notice so creditors can submit claims against the estate within a specified deadline.
Distributions - Under court supervision or following statutory procedures, the executor will gather assets, pay debts, expenses, and taxes, and ultimately distribute the remaining property to beneficiaries.
Court oversight - The judge examines various matters like the sale of real estate and guides executors in administering estates under its review.
How We Work
Hopkins Centrich is a team with a deep bench. All our attorneys have extensive litigation experience which they fully use when called for. Hopkins Centrich’s attorneys all have ‘big firm’ backgrounds. They formed our firm with the goal of keeping the best of those firms while employing a far more personal experience for our clients.
When it comes to probate, here are just a few of our duties and responsibilities:
Advise on will validity - Review the decedent's will to confirm it was properly executed under Texas law and interpret provisions.
Petition for probate - File application with the county probate court to admit the will to probate and appoint an executor/administrator.
Assist executor with inventory/appraisement - Help the executor prepare an inventory of estate assets and obtain required appraisals.
Guide creditors notice process - Counsel the executor on properly giving notice so creditors can submit claims before the statutory deadline.
Advise on estate tax returns - Work with accountants to file any required federal or state estate tax returns.
Distribute statutory allowances - Ensure proper amounts are set aside for spouses and children as allowable by law.
Facilitate asset transfers - Assist executor with retitling assets like real estate, vehicles, securities, and bank accounts into the estate's name.
Handle court filings - Prepare pleadings, motions, and other court filings to pursue matters like the sale of real estate. Represent the estate at hearings.
Make distributions - Guide the executor through the process of selling assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.
Close the estate - Assist the executor with required court accountings and petitions to close the estate after distributions conclude.
We do this by using technology to its fullest. We will make use of every cutting edge legal and business technology and methodologies to ensure that we will continue to deliver the highest quality legal services to our clients while allowing us to respond promptly and efficiently to client needs, exceed project requirements, operate effortlessly with narrow timeframes, and develop innovative and flexible legal solutions at competitive fees.
We are creative. We are agile. We quickly adapt to rapidly changing circumstances, including changes in the law.
Our vision statement may sum it up best. We will deliver highly skilled, ethical, and aggressive legal representation to every client by:
Responding promptly to our clients’ needs;
Anticipating business and legal trends that may affect our clients;
Managing our clients’ matters in an efficient, caring, and proactive manner;
Communicating regularly and clearly with our clients