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Spring Probate Lawyer

Smith & Garg - Spring Probate Lawyers

The term "probate" generally sparks negative thoughts in people, and that's because people hear about probate courts when an estate is being challenged and family members are fighting over assets. These are some of the nastiest and most emotionally-charged battles that can occur in a courtroom, but in general, probate is not necessarily a negative term.

The Spring probate lawyers at Smith & Garg are here to help you with any probate issue you may face, but part of what we do is help you avoid nasty battles in probate court before they become a reality. Below are three mechanisms in place in Texas that are related to probate but for a full explanation of each, contact a Spring probate lawyer at Smith & Garg for a full consultation.

Independent Administration

This is the simplest and generally the fastest probate procedure in Texas. Basically, this is the process by which an estate is distributed in accordance with a will or even without one if all the beneficiaries agree on how the assets should be handled. Generally, the will needs to name an "independent executor" to serve "without bond" so that the assets are managed all the way through the process. Generally, the probate court's involvement in independent administration is limited in scope.

Dependent Administration

As you would guess, dependent administration occurs when there is no binding will, and the probate court is much more involved in the process of distributing the estate, albeit in more of an oversight-driven role. In this instance, the appointed executor must not only post a bond, but must also strictly follow the intestate (no will) statutes in place to make sure that there are no problems with how the assets are doled out. You will need the help of a Spring probate lawyer in this situation.

Muniment of Title

This is the simplest of the procedures, and it arises when there is really no need to administer an estate. For instance, if the decedent only has a few assets, muniment of title could be appropriate. There are two requirements to exercise this option, and they are (1) the estate does not have any unpaid/unsecured debts and (2) there is no other need for particularized administration.

As you see, probate is not necessarily a negative term. However, in order to fully prepare, understand and perhaps even avoid court, contact a Spring probate lawyer at Smith & Garg immediately for a consultation.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.