WILLS
Why You Need a Will
If you die without a will, the State of Texas will determine who inherits your possessions. If you have a will, you can control who gets what. Not only that, in order for your spouse or children to inherit your property, it will have to go through a probate procedure in a county court. If there is no will, then this procedure is long and expensive. If there is a will, the procedure is relatively quick and inexpensive. Therefore, if you die without a will you are leaving a mess for your spouse or children to have to clean up.
Wills and Divorce
If you have a will and you get divorced, anything you had left to your spouse in the will is automatically void so you need to make a new will after the divorce. Remember also, that you may have named your spouse as a beneficiary of an insurance policy, investment account, 401(k) or joint bank account so these need to be changed as well.
What is Probate?
Probate is the procedure for the State of Texas to take responsibility for and insure that whatever you own on your death goes to the people that should receive it. In Harris County there are specialized county courts called Probate Courts that handle nothing but probate matters. To begin a probate procedure, the attorney files an application with the court to have the will admitted to probate.
There is a notice to creditors published in the newspaper and the executor appears at a hearing before the probate judge to be appointed for the estate. The executor’s job is to make sure all debts of the estate are paid and to distribute the estate to the persons named in the will. The court will issue Letters Testamentary to the executor giving him or her authority to act for the estate, sell stock or bonds, transfer real estate, and pay debts.
What Does the Probate Attorney Do?
During the probate process the attorney for the executor will:
| 1. | Meet with the client to explain the probate process, give legal advice, review the original Will and to obtain necessary information; |
| 2. | Prepare Application to Probate Will; |
| 3. | Messenger service to the Courthouse to file the Application to Probate along with the original Last Will and Testament and obtain a "Hearing Date"; |
| 4. | Correspond with client advising of hearing date and probate status; |
| 5. | Prepare testimony for Self-Proven Will; |
| 6. | Prepare Order Admitting Will to Probate, securing your appointment as Independent Executor and obtaining the Judge's signature thereon in open court; |
| 7. | Prepare an Oath of Executor, securing of required signatures thereon, filing same with Court and securing issuance of Letters Testamentary; |
| 8. | Travel to the Courthouse to appear with client in court to present testimony to establish proof of death and related facts, have the Will admitted to probate, and secure the appointment as Independent Executor of the estate; |
| 9. | Prepare and arrange for the Notice to Creditors to be published in a legal newspaper published in the county as required by law; |
| 10. | Prepare and serve Notices to Secured Creditors of the estate, if any, and Permissive Notices to General Creditors, if necessary; |
| 11. | Various correspondence with client submitting original Letters Testamentary, requesting specific information and generally advising client on the status of the probate; |
| 12. | Obtain and review required information for the preparation of the Inventory, Appraisement, and List of Claims of the Estate; |
| 13. | Prepare a draft of Inventory, submit same to client for review and approval; make corrections and/or modifications if necessary, obtain signatures thereon and notarization of same, submission of same to Probate Court, and securing of Judge's approval thereof; |
| 14. | Obtain a TAX Identification Number, if necessary; and |
| 15. | Assist with distribution of the estate, including drafting of Deeds, title transfers for automobiles and stock transfers. |