Texas Probate Courts apply intestate statutes when the decedent leaves no valid Will. Thus, if a person dies without a Will in Texas, their property will be distributed under Texas intestate law. This typically means that their heirs will have to go through the Texas Probate Courts to determine who the proper heirs are, to settle the decedent's estate, and to transfer real estate. Thus, heirs will often have to hire a probate lawyer to go to court to clear title to mineral interests, homes, lake property, and other real estate as well as stocks, pensions, and bank accounts without designated beneficiaries.
Austin Texas Real Estate Probate Lawyer, Jason Coomer works with the families and friends of people that have died to represent them help in Texas Probate Courts. For questions on Probate Matters, please e-mail Austin Texas No Will Probate Lawyer and Texas Suit to Determine Heirs Real Estate Probate Attorney Jason S. Coomer or use our contact form.
Texas Intestate Lawyer, Texas Suit to Determine Heirs Lawyer, Texas No Will Probate Lawyer, and Texas Real Property No Will Probate Lawyer
As a Texas Intestate Attorney, Jason Coomer helps families through intestate proceedings including filing Applications to Determine Heirs. In situations where the decedent died with no will and the estate has real property and substantial assets that need to be transferred, it may be necessary for a court to determine who the heirs according to Texas law are. In these situations, the judge will appoint an "attorney ad litem" to represent the interests of potential or "unknown" heirs. The exact cost of a Suit to Determine Heirship can vary depending on several factors 1) the number of heirs, 2) how hard it is for them to be located, 3) whether the heir can agree or cooperate, and 4) the assets and debts of the estate.
The suit to determine heirs or Heirship Proceeding is generally more expensive than probating a will and can become expensive, if there are many heirs, minor children, or complicated business or real estate assets in the estate. In handling intestate matters and suits to determine heirs, the Administrator will need two disinterested witnesses to be able to testify with the administrator as to several facts about the decedent to make sure that the court can determine the rightful heirs. As such, a Texas Probate Lawyer will often work with the administrator, disinterested witnesses, and court appointed ad litem to move the decedent's estate through probate and transfer title to real property and personal property to the rightful heirs.
As a Texas Heirship Proceeding Lawyer, Jason S. Coomer helps rightful heirs gain control of their lost loved one's estate to be able to sell stock, claim pensions, use bank accounts, claim oil royalties, transfer mineral interests, transfer real property, sell lake houses, transfer title to homes, claim unclaimed property, and transfer title to businesses or other real estate. If someone close to you has died without a Will in Texas, and you need to obtain control of assets or even worse if there are others that are attempting to wrongfully seize assets from your lost loved one's estate, make sure that there is a Texas Probate Lawyer to look out for your interests. A Texas Probate Lawyer can assist you in properly filing a suit to determine heirs, gather estate property, and transfer estate property to free up property and assets from an estate.
Texas Suit to Determine Heirs and Dependant Administrations
Unfortunately, sometimes heirs cannot agree to how an estate should be divided or be administrated, in these situations the estate has to go through a dependant administration where the Court has to approve all distributions, guardianships, and sales of property. A dependant administration can be expensive, but sometimes it is the best way to probate an estate because any independent administrator will not be trusted by all of the heirs and any of the actions of the administrator will be questioned and attacked. To prevent these attacks based on breach of fiduciary duty, the dependant administration through a probate court will allow the estate administration to be done with the approval of the court. These dependant administrations are expensive and slow, but sometimes they are necessary. Having a probate lawyer assist you through a dependant administration is almost essential when dealing with a large estate.
Small Estate Affidavits and Affidavits of Heirship
If there is no will and the estate is worth less than $50,000 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure. Additionally, some real property can be moved through an affidavit of heirship. These may be a less costly alternatives to a suit to determine heirs.
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Austin Texas Suit to Determine Heirs Lawyer and Texas No Will Probate Lawyer, Jason Coomer works with families and friends that have lost someone and need representation in Central Texas Probate Courts including Travis County Probate Court, Williamson County Court #4, Bexar County Probate Courts, Fayette County Court, Llano County Court, Blanco County Court, and Hays County Court. For questions on Texas Intestate Law, please feel free to send an e-mail message to Austin Probate Attorney Jason S. Coomer or use our contact form.
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Austin, Texas 78704