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Probate

Compassionate and Comprehensive Probate Guidance in Austin, Texas

probateThe loss of a loved one is never an easy experience. Unfortunately, the grief you feel following their loss may be compounded by frustration at the often complicated legal process known as probate. When attempting to traverse the probate process, the guidance of an attorney may help to reduce the time and energy you spend searching for resolutions.

At the Hailey-Petty Law Firm, PLLC, in Austin, we provide comprehensive probate guidance to clients throughout the area. From the moment you retain our firm, we will make every effort to guide your family through the probate process as quickly and easily as possible. Attorney Hailey-Petty offers assistance managing probate of estates, settlement of estate debts and the overall administration of the estate.

Knowledgeable guidance through all forms of Texas probate

We provide guidance to clients dealing with a wide range of Texas probate proceedings, including those involving:

  • Independent administration of estate: One of the most forms of Texas probate proceedings, the independent administration of estate allows the executor to handle many steps in the process of settling the state without court supervision. The process allows for a much quicker resolution, provided that the deceased’s will directed the executor to pursue this form of probate and no objections to the will are heard. Our attorney ensures that the executor follows all directives set forth in the will and that the process progresses as smoothly as possible.
  • Dependent administration of estate: Exactly the opposite of the independent administration of estate, dependent administration involves much more court supervision throughout the probate process. This is a much less common form of probate in Texas, and only takes place if the deceased’s will requires the process, or the executor requests the additional supervision.
  • Muniment of title: Another simple method of handling probate proceedings, Muniment of Title allows for the transfer of assets and execution of the deceased’s wishes without court supervision. Muniment of Title is only available in cases in which the deceased maintained a will, has no unsecured unpaid debts and is not subject to a claim from Medicaid. The executor of the will must request this form of probate and demonstrate that the situation meets the stated requirements.
  • Small estate affidavits: In cases involving no will or estates valued at $50,000 or less, the beneficiaries may not have to request probate. In these cases it may be possible to collect the estate by filing a simple affidavit with the court.
  • Small estate procedures: If the value of the deceased’s estate does not exceed the amount owed to creditors and family allowance, the executor may request a Small Estate Procedure. In these cases, the executor must provide the court with an accounting of the dissolution of the estate’s funds and request an approval from the court. In some cases, the court may order an execution of administration which skips the probate process and assigns the remaining assets to a spouse, children or loved ones before closing the estate.
  • Letters Testamentary: Financial institutions, such as banks, brokerages and mortgage lenders, require official notification of your legal authorization to conduct business on behalf of a deceased loved one. Known as Letters Testamentary, these documents must be obtained by the executor of a will during the probate process. Without Letters Testamentary, the executor will likely be unable to close or access a bank account, transfer a title on real estate or access an investment or retirement account.

It is important to remember that the probate process must be initiated by petitioning the court – the process does not begin automatically.

Schedule a free consultation to discuss your probate concerns today

No two probate proceedings are exactly the same, making it important to retain an attorney that educates you on your unique situation and tailors a legal strategy to meet your needs. At the Hailey-Petty Law Firm, we provide the informative and customized guidance you need to make informed decisions on every detail involved in the probate process.

To schedule a free consultation to discuss your probate needs with Attorney Hailey-Petty, call 512-655-2186 or contact our firm online today.