Probate Administration

Identify • Guide • Preserve

Let us be your guide.

The loss of a loved one is a difficult time, and the next steps are often unclear. The probate administration process of going through the person’s property and figuring out assets and debts is a responsibility that will fall to someone who will be managing the estate. Kimberly N. Loveland represents those persons in charge of handling things after someone dies. Kimberly understands how overwhelming it can be and will work with you to understand your role and what needs to be done.

Below are some of the most common questions regarding the Probate Administration process:

Probate is the legal process that determines how debts will be settled and assets distributed when someone dies with or without a trust or a will. Having a board-certified probate attorney overseeing this process will ensure that all documents necessary to this process are filed before the court’s deadlines.

The Loveland Law Firm has expertise in Probate and Trust Administration and can represent fiduciaries or beneficiaries in court through each stage of this complicated and time-consuming process.

The probate process's demands may require a year or more for an estate to be settled through probate. Additionally, the estate will incur expenses that may come out of the pocket of beneficiaries.

The Loveland Law Firm is experienced in matters of county, probate, and district courts representing fiduciaries and beneficiaries in all aspects of estate and trust administration. Administering a decedent's estate can be a complicated, time-consuming process, but it doesn’t have to be stressful if you have Loveland Law Firm as your advisor.

Kimberly typically represent the person who will handle an estate's details after someone dies; this person is the personal representative for the estate. If the deceased person had a will, the personal representative is called the executor or executrix. If there is no will, the personal representative is usually called the administrator.

Texas law lists an order of priority for who will be the personal representative:

  • The person named in the will to be executor or trustee
  • Surviving spouse
  • Primary person to inherit under the will
  • Any person inheriting under the will
  • Next-of-kin
  • A creditor
  • Anyone who applies
  • Anyone who is not disqualified
  • An appointed public probate administrator

For a person to be qualified to be the personal representative, they must meet the following criteria:

  • Have mental capacity
  • Not be a felon
  • Be a resident of Texas or, if a nonresident, appoint a local resident agent
  • Not be found unsuitable by the court.

Specifics can vary in Probate Administration depending on the circumstances and assets involved.  However, the essential components required may include the following:

  • Identifying the estate’s assets.
  • Paying all debts owed at the time of death.
  • Distributing assets to heirs or beneficiaries as named in a Will or Trust.
  • Paying any current or back taxes owed.
  • Following up on any claims owed to the estate by third parties.
  • Identifying heirs if there was no Will.

There are different types of probate procedures recognized by the State of Texas:

  • Independent Administration
  • Dependent Administration
  • Muniment of Title
  • Determination of Heirship
  • Small Estate Administration
  • Affidavit of Heirship

Challenges arise at every stage when filing for probate in Texas or Florida or going through any of the processes that surround probate administration. Contact us with any questions or concerns you may have about a family member or loved one whose estate requires probate.  We can help.

When filing for probate in the State of Texas or Florida, or going through any of the processes surrounding probate administration, there are always challenges that one might face. Contact us with any questions or concerns you may have about a family member or loved one whose estate requires probate.  We can help.

The Probate Administration Process

Death affects people in different ways. While never timely, death confronts the family with grief, with the need to readjust emotionally and financially, and often with an unknown future.  Not only is death a personal issue but a legal one as well. We want to ensure that the legal process is as easy and painless as possible. We are to be your guide and assist you with each step of the administration process.

Here is what to expect when starting the process with us:

Homework: Asset Gathering, Checklist and Intake Form

Our goal is to be your guide through this challenging time. This Client Estate Checklist is a five-part series designed to assist the surviving spouse, executor, or trustee in the probate process. Every estate or trust administration is different and depends on unique facts, circumstances, controlling documents, and assets.

Before the consultation, Loveland Law Firm will send you a link to an intake form for you to complete before we meet. Or, you may download the probate intake form here. The details and information provided are essential and vital because the strength of the advice provided in your consultation depends on the information provided in this form. Please bring the decedent's will and death certificate with you to the meeting if you have one.

Initial Consultation

During your consultation, you will meet with attorney Kimberly N. Loveland. Through your conversation, Kimberly will learn as much as she can about you and your loved one's estate. We will review your worksheet, discuss in detail our process and how we work with clients.

She will address your immediate concerns, get to know you and your loved one's estate, and understand your needs and goals. Kimberly's goal for the meeting is to advise you about your options for administering the estate, what procedure will be most efficient and effective for your specific situation, the costs involved, and how to proceed. Additional information will often be needed to start a formal probate proceeding, and a second meeting may be required.

During the one hour initial consultation, Kimberly will provide advice on moving forward and what she sees as your best path for administering the estate. The consultation fee is $300 and credited to any estate work done within 60 days of the consultation.

The Next Steps Forward

Every estate and trust case is different and unique. Each potential client's situation dictates the next steps and depends on whether a formal administration is required. If the potential client decides to work with Loveland Law Firm for the administration process, we will sign an agreement and develop a customized plan.

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