When someone dies and leaves a will, it must be authenticated and administered. This process is called probate, and while it is possible to probate a will without the help of a lawyer, here are 3 Reasons You Need an Attorney to Probate an Estate in Texas.
1. Preparing Legal Documents
Whether it’s a large or small estate, legal pleadings must be prepared for the court throughout the entire duration of the probate administration. Not only are routine court filings necessary, but you also need to make sure you have all the correct forms completed for submission to the IRS.
There may also be complex assets in the estate, such as real property or a business, which require extra attention and filings. A knowledgeable probate attorney will ensure you have the correct documents prepared to convey the title of property to the heirs of the estate.
2. Preventing Family Conflict
Sometimes, conflicts and tensions can arise between the deceased’s family members and other heirs. Everyone may want a share of the estate, or some may think they deserve more.
Hiring a probate attorney is a great way to prevent needless family conflict and offer clarity for any questions family members might have. A probate lawyer can help you sort out issues like inheritance rights, wills, and trusts.
This also reduces the chances that someone will be accused of not properly handling the estate. The attorney can explain the distribution process to confused family members.
3. Avoiding Rejection and Delays
The probate process can be complex and, depending on the details of the will, it may not run smoothly. The court requires certain documents to complete the probate process. If these are not completed and filed correctly, a court may simply reject the estate, which is a considerable legal headache.
A probate attorney knows these documents well and can ensure they are filled out and filed properly. This ensures the estate will not be rejected and that it will be probated promptly.
A probate attorney can also assist an untrained executor in navigating the legal process. They can help resolve the many financial and legal matters.
In Conclusion
Talking about probate can be hard, and most people don’t want to discuss death or what will happen to their wealth after they’re gone. But like most important things in life, it is something that can’t be put off forever. At some point, you have to address it.
Your estate plan and the probate process should be discussed with your family to make sure they are protected. If you’re wondering how to go about the probate process for yourself or a decedent, remember that a probate lawyer can offer you many benefits.