Losing a loved one can be exceedingly difficult. Unfortunately, the sorrow and uncertainty you feel following their loss may be compounded by probate — a labyrinthine legal process where the court formally recognizes the deceased’s death and authorizes the administration of the deceased’s estate.
Luckily, Amsberry Law’s experienced Fredericksburg probate lawyers are here to help. Compassionate, dedicated, and knowledgeable, our probate lawyers will guide you through the probate process and help you navigate the complicated legal challenges of overseeing a deceased person’s assets.
What Is Probate?
Probate is the process by which a court formally recognizes a person’s death and authorizes the distribution of their assets. The purpose of probate is to transfer assets out of the deceased’s name and into the names of living people.
If the deceased died with a drafted will, the personal representative, or the executor of the will, must file for probate. Under Texas law, the executor has four years from the deceased’s date of death to file for probate. If the executor does not file within this period, intestacy laws will govern how the deceased’s estate’s assets are distributed.
How Complicated is Probate in Fredericksburg, TX?
Without skilled probate lawyers in Fredericksburg, TX, to guide you, the probate process can be daunting and confusing.
For one, certain Texas courts will not allow non-attorneys to file applications to probate an estate or will. They may also prevent non-lawyers from representing estates in court. Additionally, the probate process can get complicated when:
- There are multiple beneficiaries
- The deceased’s will has disappeared
- The deceased’s will is contested by different parties.
Why You Should Choose Our Probate Lawyer in Fredericksburg, TX
We have helped many clients in the Fredericksburg area, gaining valuable knowledge in probate practice along the way. We address cases with tenacity and commitment. Our mission is to always surpass our clients’ objectives, whether through mediation or pursuing cases to trial if required. We use a collaborative approach to ensure that clients get the most out of our services.
Our Fredericksburg Probate Attorney Will Stay by Your Side from Start to Finish
Our probate attorneys in Fredericksburg are admitted to practice in all Texas state courts, the Fifth Circuit, and the United States Supreme Court. Our staff at Amsberry Law also have vast expertise dealing in Kendall County and Fredericksburg probate courts. With a team of skilled professionals, we also represent clients in the courts and counties in the areas surrounding Fredericksburg.
Our Probate Attorneys in Fredericksburg, TX, Know the Ins and Outs of The Local Courts
We know the persons who operate in the local probate courts and how to hasten our filings with them to provide our clients with quality service. This also means that we will be there for you every step of the process.
Our philosophy is to pay careful attention to client situations. Therefore, we will only take a certain number of clients at once, so we can give each client our complete attention. We also realize how difficult it may be for someone to deal with a probate case while also dealing with the grief and confusion that come with the loss of a loved one.
This might be daunting, and our Fredericksburg probate attorneys understand how you feel.
We Will Explain the Procedure in Terms You Can Understand
Our firm is dedicated to giving value to both people and systems. Check out our testimonials from clients we have helped through the probate process. You will see that we make it our duty to provide the best service we can to all clients that need our help. We will make it our mission to advocate for your best interests in whatever situation that arises.
How We Can Help You Determine the Best Path Forward
Amsberry Law has built a culture of focus and attention to detail. We recognize the need for high-quality legal representation in a quickly changing environment, and we work hard every day to satisfy our clients’ needs. We also recognize that going the additional mile is often what differentiates a successful practice from a less successful one.
If your case continues to probate court, our team of experienced Fredericksburg probate lawyers will do all in their power to protect your rights. This might include:
- Challenging a will if there are aspects that look to be controversial
- Addressing alleged unfairness in the administration of an estate
- Questioning the will-maker’s mental competency at the time it was prepared
- Verifying the legality of wills
- Assisting in the designation of administrators and making sure that the will’s directives are followed
- Filing claims for Heirships and Letters of Administration when people die intestate. This is a complex procedure, and support from competent hands will be useful as early as practicable.
Our team of professional probate attorneys in Fredericksburg, TX, at Amsberry Law will focus on your work, giving attention and expertise to unraveling complications that can occur when a person dies.
We welcome inquiries from clients in Fredericksburg and the surrounding area across South and Central Texas. To schedule a consultation meeting with anyone at Amsberry law firm, please call (210) 354-2244 or contact us online today.
Fredericksburg Probate FAQs
Gray areas in probate practice in Fredericksburg come up every now and then, posing a challenge for potential clients. This is also something we are ideally positioned to handle. When answering these questions, we provide realistic answers, with a focus on what is available in Fredericksburg.
Here are our answers to frequently asked questions about the Fredericksburg probate process:
Where do I file for probate in Fredericksburg, Texas?
You can file probate cases at the Gillespie County clerk’s office. The address is 101 W. Main Street, Mail Unit #13, Fredericksburg, TX, 78624.
Who are the heirs to an estate if someone dies intestate or without a will?
To identify the heirs of an estate, you must determine the following:
- Whether the deceased’s property is community or separate property
- Whether the deceased was unmarried or married
- Whether the deceased had children, and if so, whether those children were the deceased’s spouse’s children.
The heirs of the property will be governed by chapter 201 of the Texas Estates Code.
What is an executor?
The executor is the person responsible for administering the deceased’s estate. The executor is usually named by the deceased before their death. They can also be named by the court.
Can I challenge an executor in a will in Fredericksburg?
Yes. An executor has a fiduciary obligation over an asset, which means they are responsible for probating the will, acquiring estate assets, paying bills and taxes, and correctly distributing estate assets according to the provisions of the will. Accordingly, they can be dismissed from their executor role if they fail to operate in good faith.
Who in Fredericksburg can dispute a will?
According to a Fredericksburg probate attorney, the law expressly provides that only interested parties are entitled to dispute a will in the state of Texas.“An heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and anyone interested in the welfare of an incapacitated person, including a minor,” according to Chapter 22, Section 22.018 of the Texas Estates Code.
As an executor, do I need to probate an estate to take care of the deceased’s property?
You do not have to probate every part of the decedent’s property. Some items already have assigned beneficiaries and do not have to go through probate. These include:
- Life insurance
- Retirement accounts
- Bank accounts
- Transfer on Death Deed (TODD) for real property.
What information do I need to probate my loved one’s assets in Fredericksburg?
A variety of paperwork may be required to resolve a loved one’s assets in Fredericksburg. Below are some items that you may require, among others:
- Last Will and Testament, as well as any other asset-related paperwork
- Rental agreement for a safe deposit box and keys
- Policies for life insurance, health/accident, and illness insurance
- Certificates of birth and death
- Deeds, trust deeds, mortgages and mortgage settlements, title insurance, motor vehicle titles, and lease documents for car or real estate investment properties
- Bankruptcy filings and discharges
- Nuptial contracts, marriage licenses, and divorce paperwork.
How long will it take to complete the probate process in Fredericksburg?
Depending on the intricacy of the estate, the Fredericksburg probate procedure may be completed within a month (if the deceased left a will) or many years. Some restrictions, however, control when and where probate proceedings must actually happen. A will, for instance, must be probated in less than four years after the date of death for all property to pass under the provisions of the will. The filings should be made in the county where your loved one resided or where his or her main asset was situated.
Call Our Fredericksburg Probate Attorneys Today to Get Started
Probate in Fredericksburg is often a complicated procedure. It is especially complex when controversial situations develop. That is why you should hire Amsberry Law’s team of committed Fredericksburg probate attorneys to tackle complexities whenever they arise.
Interested in learning more about how we can help you? If you have any questions that were not answered here, please call us at (210) 354-2244 to book a no-obligation session now. Amsberry Law has the expertise and experience necessary to guide you through the probate procedure in Fredericksburg. Speaking with our attorneys may assist you in ensuring that everything is done correctly and that your loved one’s final desires are carried out.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
