Attorney Taking Care of Texas Estates
If a family member or other loved one has died, you are undoubtedly going through a difficult time, and the last thing you want to worry about is the complexities of Texas probate law. Help is available. Stephen Rigsby, Attorney at Law, is an experienced, probate board-certified lawyer who will take on the tasks of probate administration. Contact him to get the help you need.
Helping You Throughout the Probate Process
Probate is the process of proving that a document meets the legal requirements to be found by a Court to be the valid last Will and Testament of the Testator. When the court finds that the will is valid, and signs an order to that effect, the will is admitted to probate. Following the admission of the will to probate is the administration of the estate, during which the Executor generally has the following duties:
- Identifying, gathering and valuing the assets of the decedent.
- Paying debts, expenses, and taxes due, in the priorities specified in the Probate Code.
- Distributing the remaining assets to those entitled under the terms of the will.
There are specific duties in court while this process is ongoing. The executor must publish a general notice to creditors, prepare and file and Inventory, Appraisement and List of Claims which is reviewed and approved by the court, prepare and send the notice to beneficiaries, and file the affidavit of compliance.
In certain cases, one of the procedures to close or formally end the probate administration is advantageous.
Other administrative tasks in which help may be needed include:
- Consideration of tax consequences of valuations of property.
- Payment of claims of creditors.
- Obtaining any required bond.
- Funding (establishment) of trusts in the will.
- Preparation of estate tax returns.
Intestacy, Where There is No Will
Where there is no will, there are different requirements for a court to determine who is entitled to the property of the person who is deceased, and who is the appropriate person to administer his or her estate. The procedure in intestacy (no will) is generally more involved and formal than the procedure where there is a will. Sometimes it is possible to streamline the formal procedure to resemble the procedure where there is a will. In some cases, particularly where the estate has more debt than assets, this formal procedure is an advantage. If you want dependable guidance in the administration of a loved one's estate, contact Stephen Rigsby.
Stephen Rigsby, Attorney at Law
1501 E Mockingbird Ln Ste 405
P.O. Box 3683
Victoria, TX 77903-3683
Telephone: 361-576-2733
Fax: 361-576-2928
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