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What, exactly, is probate?

The term “probate” refers to a variety of legal procedures which involve the transfer of a person’s assets after death and the conclusion of the deceased person’s affairs. The cost, length, and complexity of the available probate procedures vary widely.  A consultation with a Texas Probate Attorney will typically be needed to determine which of these procedures are needed given your particular situation.  Two of the most important considerations in determining the right probate procedure are:

1. Did the decedent die with or without leaving a valid written will?

When a decedent leaves a valid written will in Texas, he is said to have “died testate.” In these cases, the terms of the will dictate the distribution of estate assets to individuals or entities named in the will as beneficiaries.  In these instances a probate lawyer will file an Application to Probate Will, after which a probate hearing is held to “prove up” the facts in the Application and further to ensure that the will is valid.

In San Antonio, Texas, probate refers to the legal procedures that involves distribution of a person's assets after their death. Many times families are told by court officials that it is advised to seek a probate attorney. Our attorney at Aldrich Law Firm can assist you with the legal process needed to close out their deceased loved one’s affairs.  Many times they may not know exactly what probate is and this is where we come in to help using our years of knowledge and expertise in this matter. In some cases it may be possible to avoid probate altogether.  The best way to avoid probate is through the use of appropriate estate planning. We can assist in this as well.


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