Travis County Probate Attorney
Travis County Probate Attorney Richard J Cahan helps individuals deal with Probate and Estate administration. In Travis County, when someone dies, their estate might be required to go through a court-managed process called probate. Probate and estate administration is where the assets of the deceased are identified, catalogued, managed and distributed to heirs and beneficiaries.
The first question to answer is whether the estate must be probated. For example, a common exception to the requirement to start a probate, is if the decedent passed with a properly drafted implemented ‘Living Revocable Trust.’ In such circumstances, the probate process will not be necessary. Where there is a valid revocable living trust, the ‘successor trustee’ named in the trust by the deceased can more easily distribute the deceased’s assets without the intrusion into the personal lives of family members and their finances. Where there is a revocable trust, the government does not need to get involved, which is why ‘living trusts’ are the most sought-after estate planning instruments in America for decades now.
If Probate is necessary, it is a good idea to team up with a probate attorney. A Travis County Probate attorney can be tasked with administering the probate entirely, or on an ‘as needed’ basis for the more complex tasks and court appearances. The named executor or person spearheading the probate process is not expected to pay attorney’s fees as this is paid from the estate. The administration of Texas estates can be complex, take already-grieving people and thrust them into the legal system, and require six months or longer to wrap up a typical estate. Probate courts recommend to those dealing with an estate to be represented by a Texas probate attorney skilled in the probate procedures and laws.
Every Estate is Probated Different, But Involves These Steps:
- Filing – File a petition with the proper probate court.
- Posting – Two-week period notice to anyone who may contest the will or named administrator.
- Will Validation – Probate judge verifies decedent had a valid will / no will / appoint administrator or verify named executor.
- Cataloguing Assets – Executor or administrator reports to county clerk all assets of the estate.
- Identifying Beneficiaries – Executor must notify beneficiaries named in Will. No will, probate court determines heirship.
- Notifying Creditors – All debts of decedent must be paid.
- Resolving Disputes – A significant percentage of probates result in family members with grievances and challenges.
- Distributing Assets – When debts are paid/settled, any disputes mediated, remaining assets are distributed to beneficiaries.
Travis County Probate Attorney Experienced in Texas Probate Law
In the event you need help during a probate problem, contact a Travis County Probate Attorney at (512) 256-6699. Our Travis County Probate Attorney, Richard J Cahan, is experienced and knowledgeable in Texas probate law and will make certain that your loved one’s estate is administered effectively. Call for help with probate, probate filing, probate court appearances, probate administration, wills, and estate administration in Travis County, Austin or anywhere in Texas.
Probate Attorney Richard J Cahan serves individuals throughout Travis County including: the cities of Austin, Bee Cave, Briarcliff, Creedmoor, Jonestown, Lago Vista, Lakeway, Manor, Mustang Ridge, Pflugerville, Point Venture, Rollingwood, San Leanna, Sunset Valley, The Hills, Volente, Webberville, West Lake Hills and all of Texas.