|| Probate

Austin probate lawyer

Choosing an Austin probate lawyer

At the Law office of Farren Smith we are always mindful of the fact that individuals and families navigating the Texas probate system are enduring one of the most difficult and trying times in their lives: the loss of a loved one or family member. In Austin probate lawyerlight of this we strive to make the probate process as simple and as comfortable as possible for our clients. Austin probate lawyer Farren Smith combines an abiding professional interest in probate law with empathy and consideration in order to achieve the best possible outcome under the circumstances.

Although many probates are relatively routine procedures, as when the deceased left a properly drafted will, some probate procedures may be challenged by rival heirs (known as a “contested probate”) to an estate or are more complicated for other reasons. For example, individuals that pass without leaving a will sometimes need proceedings to declare heirship, which can require an attorney to do genealogy research under some circumstances. Regarding contested probates, many lawyers practicing probate do not handle contested cases and must refer them to other attorneys. Austin probate lawyer Farren Smith handles a range of probate issues including more complicated procedures as well as contested probates and other litigation involving decedent’s estates.

Common issues in Texas real estate law

Some of the most common issues presented by clients seeking a Cedar Park, Round Rock, Pflugerville, or Austin probate lawyer are listed below. Additionally, you will find a link to our Texas probate laws page to the right, where many of the statutes affecting Texas probate are listed.

Temporary Administration in Texas

probate lawyer in austin tx

Sometimes immediate action is necessary to protect a decedent’s property before formal probate proceedings can be handled. For example, when a Will is contested or the beneficiaries or family members of a decedent cannot agree on who should be appointed as an executor or administrator, it may be necessary to ask a court to appoint a temporary administrator to handle the estate. In this article we will discuss temporary probate administration in Texas. If you have a situation where quick action is necessary to protect a decedent’s property in the Austin, Round Rock, Cedar Park, or Pflugerville areas, contact probate lawyers Farren Smith and Tyler Bleau to discuss temporary administration in probate.

Table of Contents

Ancillary Administration in Texas

probate lawyer in austin tx

If a decedent lived in a state other than Texas but also owned real estate in Texas, the family may use an ancillary Texas probate administration to pass title to the Texas real property. If the non-resident decedent left a Will, this is known as a foreign Will. If the foreign Will was probated in another state or country, the ancillary administration of that foreign Will is usually simpler than an original probate in Texas. In this article we will discuss ancillary probate administration in Texas. If you have a loved one who has died and owned real property in the Austin, Cedar Park, Round Rock or Pflugerville areas, contact probate lawyers Farren Smith and Tyler Bleau to discuss ancillary administration in probate for transferring title...

Read more No comments share

Affidavits of Heirship for Real Property

probate lawyer in austin tx

Sometimes when people die without leaving a Will, it is not necessary to go through a full probate process in court to distribute the decedent’s property. There are less costly alternatives that family members can use, depending on the type of property that was left. An Affidavit of Heirship is generally used when someone dies without a Will and the estate consists primarily of real property titled in his or her name. It can also be used when more than four years have elapsed since the decedent passed away. In this article we will discuss Affidavits of Heirship and how they generally work in Texas. If you are in the Austin and Pflugerville areas and have questions about Affidavits of Heirship, contact Austin probate lawyer Farren...

Read more No comments share

Affidavit of Heirship for Real Property

probate lawyer in austin tx

Sometimes when people die without leaving a Will, it is not necessary to go through a full probate process in court to distribute the decedent’s property. There are less costly alternatives that family members can use, depending on the type of property that was left. An Affidavit of Heirship is generally used when someone dies without a Will and the estate consists primarily of real property titled in his or her name. It can also be used when more than four years have elapsed since the decedent passed away. In this article we will discuss Affidavits of Heirship and how they generally work in Texas. If you are in the Austin and Pflugerville areas and have questions about Affidavits of Heirship, contact Austin probate lawyer Farren...

Read more No comments share

Disqualifying or Removing an Independent Executor in Texas

probate lawyer in austin tx

Usually when a person leaves a Will designating an Executor or Executrix, the Executor is a person that the decedent was close to or trusted. However, there are times when the trusted Executor or Executrix may fail to perform his or her duties, has a conflict of interest, has become incapacitated, or has committed gross misconduct involving the estate. When this occurs the Executor or Executrix may need to be disqualified or removed. In this article we will discuss disqualifying and removing an Independent Executor in Texas. If you are in the Austin, Round Rock, Cedar Park or Pflugerville areas and have questions about Executor duties, contact probate lawyers Farren Smith and Tyler Bleau for an initial consultation.

Table of Contents

...
Read more No comments share

Small Estates Affidavits in Texas

probate lawyer in austin tx

When a person dies intestate (without leaving a Will), it is not always necessary to go through a full probate process in court to distribute the decedent’s property to rightful heirs. There are less expensive alternatives that family members may use, depending on the size of the estate and the type of property that was left. A Small Estate Affidavit is generally used when someone dies without a Will and the total value of the estate, not including the value of a homestead or exempt property, is less than $50,000. In this article we will discuss Small Estate Affidavits and how they generally work in Texas. If you are in the Austin, Cedar Park, Round Rock or Pflugerville areas and have questions about Small Estate Affidavits, contact...

Read more No comments share

Informal Family Settlements in Texas Probate

probate lawyer in austin tx

There are several alternatives to the traditional formal probate of a Will in Texas. When an estate is small and consists only of personal property, the family may consider an informal family settlement. Also, an informal family settlement agreement is an option for settling a potential Will contest and to clear title to property. In this article we will discuss informal family settlements and family settlement agreements in Texas. Austin probate lawyers Farren Smith and Tyler Bleau can help answer questions and assist families with probate, alternatives to probate, contested Will issues, and family settlement agreements.

Table of Contents

Read more No comments share

Muniment of Title Probate in Texas

probate lawyer in austin tx

There are times when an estate is relatively simple and the more traditional formal method of probate to administer an estate is not necessary. For example, if the only reason for probating a Will is to clear title to property, then a Will can be admitted to probate as a muniment of title. Under this type of probate an executor or executrix is not appointed. In this article we will discuss muniment of title probate in Texas. Austin probate lawyers Farren Smith and Tyler Bleau can help answer questions and assist families with muniment of title probate as well as traditional probate proceedings in the Austin area.

Table of Contents

Read more No comments share

How Long Does Probate Take in Texas?

probate lawyer in austin tx

When winding up business affairs of a person who has passed away, many people may be concerned about how long it will take to go through the probate process to probate a Will. There is a series of events that should take place to effectively probate a Will. In this article we will discuss the probate process and general timeframe for probating a Will. Austin probate lawyers Farren Smith and Tyler Bleau can help answer questions and walk...

Read more No comments share

Informal Family Settlements in Texas Probate

probate lawyer in austin tx

There are several alternatives to the traditional formal probate of a Will in Texas. When an estate is small and consists only of personal property, the family may consider an informal family settlement. Also, an informal family settlement agreement is an option for settling a potential Will contest and to clear title to property. In this article we will discuss informal family settlements and family settlement agreements in Texas. Austin probate lawyers Farren Smith and Tyler Bleau can help answer questions and assist families with probate, alternatives to probate, contested Will issues, and family settlement agreements.

Table of Contents

Read more No comments share