Probate
Estate Planning and Probate.
Basically, estate planning and probate is the legal process of passing along property of a deceased person to their heirs. This process involves a Last Will and Testament, if executed before his/her death, to be offered to probate court. The court will decide its legal validity and appoint an approved executor (or executrix) who will administer the estate of the deceased accordingly.
Are you comfortable with how your assets will be divided amongst your family when you’re gone? If there is no Last Will and Testament a judge, within the limits of state law, will decide who inherits your estate. Also, in the event you become incapacitated, Texas estate laws known as intestate succession laws decide who will care for you. Here, at The Law Office of Cassandra Evans-Jones, we have the knowledge and experience to execute an estate plan. Schedule a consultation now!
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Our Estate Planning Expertise.
Discussing, executing, or dissolving an estate plan is a sensitive topic. Over the years, we’ve proven ourselves as compassionate attorneys willing to help our clients through difficult conversations and transitions. The goal of our estate planning process is to assure that their assets will be transferred to the correct party appropriately and without dispute. Attorney, Cassandra Evans-Jones, develops a plan that is concise and within applicable state laws. Our estate planning services include providing clients with a last will and testament, healthcare directives, power of attorney, and probate.
Texas Probate Process.
Independent administration, dependent administration, and alternatives for small estates are the 3 types of probate recognized by Texas probate courts. Classification of a probate is determined by which documentation is presented at the time of death. Below is our step-by-step process for probate clients:
1. Establish Plan.
Consult with The Law Office of Cassandra Evans-Jones and develop an estate plan.
2. Court Filing.
Once a last will and testament is established, it must be filed at the court within the executor’s district.
3. Posting Period.
The posting period notifies the public of the proposed administration that an estate plan has been published.
4. Validation.
The validation process establishes the appointment of an executor and supplies the state with legal recognition of death.
5. Asset Documentation.
Documentation of all legal property must be reported by the executor within 90 days.
6. Beneficiaries Established.
In the event a will is not established, the court will decide who inherits the assets or the executor will contact the beneficiaries established in the will.
7. Debt Collection.
Debt collectors or creditors are notified of the death and given the opportunity to collect or file a claim against the estate.
8. Disputation.
Although most probate hearings rarely have disputes there are occasions where they do occur. Establishing a last will and testament will prevent inheritance disputes.
9. Asset Distribution.
After all disputes have been resolved and debts are cleared, the assets will be distributed to the beneficiaries.
Estate Planning Criteria.
Circumstances or changes in life that affect us, or our loved ones, are reasons why you will need to establish an estate plan. Below we’ve listed a few criteria or benchmarks that will help you decide when to hire us to create an estate plan.
1. Protection.
If you were to fall ill or pass away suddenly, how would your family be protected and proceed financially.
1. Legacy.
Once you have children, it should always be a concern on how you would like to pass along family heirlooms and assets.
1. Wealth.
Attaining financial stability and/or wealth over a lifetime requires dedication. Establishing an estate plan will ease the worrying of losing said wealth in the event of death.