Austin Probate
Probate is the legal process of proving the validity of a will. If you have questions about the probate of a will, contact the experienced wills and probate attorneys at the Duke Firm, PC in Austin, Texas. Skilled and effective advocates who practice Austin wills law and probate law, the Duke Firm will take you through the steps of the probate process and will aggressively represent your interests.
The probate process begins in the probate court. A person authorized to act on behalf of the estate (an executor, by Letters of Testamentary, if there is a will, or an administrator, by Letters of Administration, if there is not a will) will gather the assets of the estate as well as the debts of the estate, and, after paying the debts of the estate, will distribute the assets to the beneficiaries named in the will.
If there is no will, the assets of the estate will be distributed in accordance with Texas’ statutory scheme for intestacy.
If there is no will, the probate court requires the posting of a bond, called a Surety Bond, to protect against the change that the person administering the estate behaves incorrectly in his handling of the estate. If there is a will, the executor is also required to post a bond unless provision is made in the will to forgo the bond (most wills do so specify). A bond can range from thousands of dollars to tens of thousands of dollars, so a will that specifies no bond must be posted by the executor can save the estate a considerable amount of money.
There may also be a challenge to the validity of the will in probate court, during which all interested parties present evidence of their respective positions.
Wills and probate are very complex areas of law, and you should consult an experienced probate attorney for answers to your probate questions.
