The death of a loved one is often a traumatic and confusing time which taxes everyone involved, especially those who were involved in the person’s life at the time of their death.
At this time, the family should be able to concentrate on making sure that the deceased’s wishes are carried out with the funeral home and the family should be allowed to grieve. Unfortunately, at the same time, and unless proper arrangements were made ahead of time to ensure the property of the deceased was properly transferred and thefuneral expenses were already paid for, the family will face the quagmire of issues in paying last expenses, certain debts anddealing with the estate of the deceased.
Probate or an Administration?
Probate or an Administrationcan only be filed in the state where the person passed away or where the person’s property was held. And, in some cases, Probate or an Administration must be filed in more than one state depending on whether or not the decedent owned property in more than one state.
In the State of Texas, whether the deceased had a Will or not, the State of Texas will require the Executor (Executrix), who isnamed in the Will, to file and organize theaccumulation ofproperty and debts of the estate and the distribution of benefitsto the heirs under the Will;or, if there was no Will, a named person, usually the closestheir, tofile an Administration in the Probate court to set up a legal distribution of the property and debts of the estate. In either case, this process may not be a simple one and may take several months to accomplish.
Probate in Texas can only be filed up to four years after thedeceased has passed away. In addition to this, due to the complexity ofProbate and the fact thatthe Executor (Executrix) or Administrator would be representing other people and not just himself or herself, the Texas legislature has required now that the Executor (Executrix) or named person, or any interested heir, hire an attorney to handlehis or her part of this litigation.
In the State of Arizona the Probate process is very complex. There are Informal and Formal probate proceedings, and choosing the correct process depends on many factors. For the most part, if the estate is controlled by a simple Will, with or without codicils,the Will will more than likely go through the Informal process and that process will have to be completed within two years of the death of the decedent.If there is no Will, then the Intestacy process of forming an Administration is required, and in many aspects it issimilar to that as is found in Texas, whereinthe closest relative to the decedent would apply to open an Administration and eventually the property of the deceased would be distributed to the heirs in a legal succession depending on whether the deceased had a spouse, had children, had living brothers and sisters, living parents, had community or separate property (and many other factors).
In each state the Probate process differs and the requirements of this process are complex. When you’re dealing with a Probate or Administration process, you need to protect the interests of the deceased by retaining a qualified, respected Probate attorney or Estate Lawyer.
If you need assistance in Probating or filing an Administration in Texas in Denton County, Dallas County, Tarrant County, Collin County or in Arizona in Pima County, our qualified Estate planning attorneysor Probate lawyers can help.
What Is Probate?
Probating of a Will or probating an estate without a will (intestate) simply means that the person’s desires as tohis or her property left by Will (or if there is no Will by asking the court to distribute the property through a legal succession of heirs) must be presented to the court to verify the validity of the death of the individual and the existence or non-existence of a valid Will. During the probate process the Executor (Executrix), orAdministrator in an intestacy proceeding,will be responsible for identifying heirs, identifying property and debts, liquidating all assets, settling all debts and taxes owed by the deceased, and distributing any remaining assets for the heirs of the estate.
In the State of Texas a Will can be in a formally typed document or it can be handwritten by the Testator. If it is handwritten, it must be completely in the person’s own handwriting, signed and be in compliance with the law as to what a Will must contain. If typed, it must be completely typed, signed by the Testator in front of two witnesses andhave a Self-proving Affidavit attached to it – or the Will can be rejected by the court or contested by one of the heirs.
In the State of Arizona, the laws pertaining to the formation of a Will are very similar to those controlling in Texas.
What Does It Mean to Administer or file an Administration of an Estate?
To Administer an estate, or file an Administration, means thatthe deceased left no known Will and that it is necessary fora close relative of the deceased to file a Petition with the court to open an intestacy proceeding that will lead to the legaldistribution of the deceased’s property.During this process, this person will be responsible for identifying heirs, identifying property and debts, liquidating all assets, settling all debts and taxes owed by the deceased and distributing any remaining assets for the heirs of the estate.
In both Texas and Arizona, the Administration process is complex and you will need the assistance of a qualified, and respected probate attorney or Estate Planning lawyer.
If you are in need of assistance with estate planning (including the creation of a Will or Trust Agreement), estate planning in regards to tax benefits or if you need assistance in settling the matters of your loved one (either throughProbating his or her Will or filingan Administration of his or her intestate estate),it is important to contact a qualifiedEstate Attorney or a Probate Lawyer who fully understands the legal implications in creating a Will or in processing the decedent’s estate and distributing any remaining property to the surviving heirs.
If you have any questions pertaining to filing Probate or an Administration of an estate, or if you need assistance inany of the above stated processes,please contact Goldstein & Scopellite, PC. Our expert team of Probate attorneys and Estate Planning attorneys in Texas in Denton County, Dallas County, Tarrant County, Collin County or in Arizona in Pima County, is well versed in all areas of the law includingestate planning law and probate law and we are available to assist you with any questions that you may have.
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Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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