San Antonio Probate Lawyer

Probate Attorney in San Antonio, TX

The probate process is often necessary after someone dies. It makes sure those named in their will or entitled by law get the assets their loved ones passed to them. Unfortunately, it is a very legally complex process that takes place at a very difficult time in a family’s life. If you are an heir, a beneficiary, or a representative for an estate, a San Antonio probate lawyer can make the process more straightforward.

Navigating San Antonio Probate Laws With Ramsey Law, PLLC

It can be difficult to manage the probate process when you have just lost a loved one, whether you are managing the estate or not. When you work with Ramsey Law, PLLC, the firm can help with the probate administration process and explain the requirements of probate. Amber Ramsey has over 15 years of experience in probate cases and estate law. The firm can protect your family’s personal and financial interests.

The Basics of Probate

Probate is a court process for the assets and debts in a deceased person’s estate. In San Antonio, 13.6% of the population is 65 or older, which is more than 195,000 people. 1.6% of the population is 85 or older. When someone dies, their estate often enters probate, where the state identifies and assesses the assets in a person’s estate. It then distributes those assets to their heirs or beneficiaries.

Nearly all estates go through probate. Unless the estate is under a certain value or the individual took estate planning steps to keep the estate out of probate, the probate process will apply. Before anyone can receive the assets in a deceased person’s estate, probate must be concluded. Having legal support to navigate and understand this process can be crucial, whether you are an appointed representative, an heir, or otherwise have an investment in the outcome of probate.

What Are the Types of Probate Court?

The type of probate that will be used will depend on several factors, including the presence of a will. Probate may be:

• Probate of a will, where there is an existing and valid last will and testament
• Probate of heirship determination, or intestate probate, which occurs when there is no will
• Muniment of title, which is a simplified form of probate if certain requirements are met
• Small estate affidavit for estates valued under a certain amount
• An affidavit of heirship to pass certain assets to heirs by law

How probate proceeds will depend on the existence of a will, the assets and debts, the complexity of the estate, and whether there are any disputes.

The Probate Process in San Antonio

The process of probate may vary, depending on the type of probate administration used, but a probate will follow a few general steps. These include:

• Filing for probate. First, the executor named in the will, an appointed personal administrator of the estate, or another person given authority in the letters of testimony, files the will or files for probate in the relevant county where the individual lived. The Bexar County Probate Courts are located in different rooms at 100 Dolorosa Street.
• Providing notice and identifying heirs. The court will give notice of the probate filing, which informs creditors and heirs of the process. The representative or executor will then need to determine the legal heirs under intestate law, or the beneficiaries will be named in the will. They may need to be directly notified. Known and unknown creditors must also be notified.
• Will validation. If a will was filed with the court, the court will determine the will’s validity. According to one survey, only 46% of people had a will. If the will is valid, then the process will continue. The assets are distributed based on the deceased’s wishes, and the executor is responsible for the administration. If the will is invalid or there was no will filed, then the assets will be distributed based on intestate laws, and the court will appoint an administrator for the management of the estate.
• Identifying assets and debts in the estate. The representative or executor must identify and locate the assets in the estate and evaluate them. Claims by creditors must be assessed for validity. If the deceased had a will, this can identify many assets, but all assets must be identified.
• Paying creditor claims and expenses. Once the representative has validated creditor claims, those must be paid from the assets in the estate. Then, the representative must pay the taxes on the estate and any expenses from the probate process. These may include professional evaluators, forensic accountants, attorneys, and other professional support costs.
• Distributing assets to heirs or beneficiaries. Once the necessary payments have been made, the remainder of the estate is distributed to the beneficiaries in the will or the heirs by law. Any other provision named in the will must also be followed, such as the caretaker of a minor child the deceased had.

The probate process may not mandate that you have an attorney, but it is much easier to manage with legal representation, especially if you are the appointed executor or representative. A probate attorney understands the steps in the legal process, so they can show you how to uphold your legal responsibilities as the representative. They can also make the process go more smoothly and resolve it more efficiently, potentially preventing disputes.

Can You Avoid Probate in San Antonio?

Yes, it is possible for most assets in the estate to avoid probate in San Antonio. If you create a will, the will and the estate must still go through probate.

However, there are more in-depth estate planning techniques. If you create one or more trusts in your estate, the assets placed in the trust can avoid probate. The assets in a trust pass to the ownership of the trustee after death, meaning they do not enter the state’s jurisdiction. While estate planning documents may still need to be verified by the court, most of the assets and their distribution can be handled in private and not in court.

Specific assets, like jointly owned accounts, will automatically not enter probate. Like assets in a trust, these assets pass to the other owner and do not enter state jurisdiction. Certain other assets may also be exempt, such as vehicles or low-value personal property.

Hire a Probate Lawyer in San Antonio, TX

The probate administration process can potentially take months to more than a year to complete, and heirs or beneficiaries cannot receive benefits until it is finished. Working with a skilled probate administration attorney can make the process more straightforward and less stressful. Reach out to Ramsey Law, PLLC, today to see how the firm can help you.