CALL TODAY: 210-446-9088 We provide a full range of probate services to our clients. Simple matters can be handled through flat fees while more complicated matters are taken on retainer.
PROBATE ATTORNEY SERVING SAN ANTONIO AND SURROUNDING AREA
The death of a family member brings not only emotional grief, but complex legal issues as well. Probate is the process by which a court administers the payments of a deceased person's debts and distributes his or her assets to beneficiaries. If you are facing the probate process, the Law Office of Jesse White is here to offer you the experienced advice and advocacy you need at this time. We will work with you personally to help make the probate process as efficient, stress-free and successful for you as possible.
Contact us today online or by telephone at 210-446-9088 to arrange a consultation with an experienced San Antonio probate attorney.
EXPERIENCED GUIDANCE THROUGH THE PROBATE PROCESS
Our firm represents heirs, beneficiaries, executors, personal representatives and other interested parties in a broad range of probate and estate administration matters. We can represent you in matters such as:
Contesting the will
Probating the will
Probating without a will
Identifying and distributing assets to the rightful beneficiaries
Paying the decedent's debts
Resolving disputes between heirs
Handling intestate matters
Addressing lawsuits against the decedent's estate
Removing an executor or administrator
We will personally guide you through all aspects of the probate process to ensure that your interests are protected and that your loved one's wishes are carried out in a proper and just manner.
PROBATE PROCEDURES AND ALTERNATIVES
Small Estate Affidavit - A Small Estate Affidavit is a simplified probate procedure under Texas Estates Code Chapter 205. It can be used when:
The total value of the decedent’s probate estate—not counting the homestead and other property that is exempt from creditors—does not exceed $75,000;
The decedent died without a court-appointed personal representative (and none is pending); and
The distributees are entitled to receive the estate under Texas intestacy law.
This process allows heirs to transfer assets such as bank accounts or vehicles without a full probate administration. Each county may have its own filing requirements, so it is important to consult an attorney familiar with local probate courts to ensure eligibility and proper filing.
Probate as a Muniment of Title - Texas law provides a unique option called Probate as a Muniment of Title (Texas Estates Code §257). This streamlined method can be used only when the decedent left a valid will and:
The court finds that the will is valid and admissible to probate;
There are no unpaid debts, except those secured by real estate liens or mortgages; and
There is no need for a full administration of the estate.
If approved, the court’s order admitting the will to probate as a muniment of title serves as legal authority to transfer ownership of the decedent’s property according to the terms of the will.
No executor or letters of administration are issued. This method is often used when the main asset is real property and all debts are settled.
Independent Administration - An Independent Administration allows the executor or administrator to settle the estate with minimal court supervision.
The independent executor pays valid debts, distributes assets, and carries out the terms of the will (or Texas intestacy laws if there is no will) without seeking court approval for each step.
An independent administration may be created when:
The will authorizes it; or
All heirs and beneficiaries agree to proceed independently.
Because it reduces the need for repeated court filings and hearings, independent administration is generally faster and less expensive than dependent administration.
Dependent Administration - In a Dependent Administration, the court maintains close oversight of the executor or administrator throughout the probate process.
Court approval is required for major actions such as:
Paying debts or claims;
Selling estate property; and
Distributing assets to heirs or beneficiaries.
This option is typically chosen when there are disputes among heirs, significant debts, or concerns about how the estate will be handled. While it can be more time-consuming, the increased court supervision helps protect the rights of beneficiaries and creditors.
Family Settlement Agreement - A Family Settlement Agreement (FSA) is an agreement signed during the probate or trust administration by all of the heirs and persons receiving real estate or personal property from an estate. The contract sets forth how an estate's property should be distributed differently from how the deceased wanted it to go. Where the family and heirs of an an estate have disagreements and conflicts, a family settlement agreement may be a viable option to secure the administration and settlement of an estate. Texas courts encourage this option because it promotes settlement and reduces potentially lengthy battles that may cause waste to an estate and unnecessary litigation.
CONTACT US TODAY FOR A FREE CASE EVALUATION
Jesse White handles probate administration matters for clients in San Antonio, New Braunfels and surrounding Texas communities. Contact us today online or by telephone at 210-446-9088 to arrange a free consultation.