Southeast Texas Probate, Heirship & Estate Administration Attorneys
For Individuals
Losing a loved one is one of life’s most challenging experiences. However, navigating the legal processes that follow can often feel overwhelming. Whether you are an executor, administrator, heir, or beneficiary, it's important to understand how to fulfill your responsibilities after a loved one's death to resolve estate matters efficiently and effectively.
At Wadler Perches & Kerlick, we understand the significant emotional and practical burdens that accompany probate, estate administration, and heirship. Our attorneys are here to guide you through every step with compassionate and knowledgeable legal assistance.
Located in Wharton, Texas, we serve individuals and families throughout Southeast Texas, including Fort Bend County, Wharton County, and Matagorda County. Contact us today to schedule a consultation.
An Overview of Probate in Texas
Probate is a court-supervised process of settling a deceased person's estate. It involves validating their will, identifying their assets, paying any outstanding debts and taxes, and distributing the remaining assets to beneficiaries. If the deceased had a properly executed will, the probate process will make sure the terms of the will are honored. However, if no will exists, Texas intestacy laws will determine how the estate is divided.
For many families, probate may sound complex or intimidating. When a loved on passes away, there are a lot of decisions to be made right away from funeral expenses to funeral arrangements. In Texas, it’s not immediately necessary to probate a will. So, first tend to your family matters and funeral arrangements.
Once the funeral arrangements have been made, consult with an experienced probate attorney who can help you probate the deceased's will. At Wadler Perches & Kerlick, we strive to make this process as seamless as possible. If you have been appointed as an executor or administrator of an estate, we can help clarify your duties, handle paperwork, and represent you in probate court if necessary.
Texas Laws for Probating a Will
When you meet with an attorney, be sure to bring the original will. If you don’t have the original will, bring a copy. Your attorney will review the will to determine if it meets the formalities of a proper will, which means that it was signed by the deceased and witnessed by at least two individuals who are 14 years of age or older.
If you are unable to locate the original will but have a copy, the Texas Probate Code, now known as the Estates Code, allows for probating the will. However, there are some formalities you will need to go through. Your attorney will guide you through the appropriate steps to take, including filing an application to probate the will.
For Experienced Advice
Our Services for Heirship Determinations
When a loved one passes away without a valid will, they are known as dying intestate, which can make the distribution of their estate more challenging. In these cases, you may need to obtain an heirship determination through the court. Heirship determinations establish the legal heirs of the estate and their respective shares. This process is often required when there is no clear guidance on how assets should be distributed or when heirs cannot be easily identified.
At Wadler Perches & Kerlick, we strive to handle heirship determinations with the utmost care and attention to detail. We can help you identify heirs, gather the required documentation, and work through the court process to make sure each rightful heir receives their share. Our experience with Texas intestacy laws enables us to facilitate a smooth resolution, even in complex or contested heirship cases.
Our Services for Estate Administration
Estate administration goes beyond probate to include the day-to-day management and resolution of the deceased's affairs. This includes paying any outstanding debts, filing all relevant tax returns, maintaining their property, and ensuring all estate assets are distributed according to the their will or Texas law.
The responsibilities of an estate administrator can often be burdensome, especially for those unfamiliar with the legal and financial responsibilities involved. That’s where an experienced attorney can help. At Wadler Perches & Kerlick, we will guide you through each step of the estate administration process, from inventorying assets to the final distribution. Our primary goal is to reduce stress and ensure the deceased's estate is being handled appropriately.
Important Timelines for Probate & Estate Administration
In Texas, after filing an application to probate a will or administer an estate, there is typically a two-week waiting period before a hearing is held in probate court. At the hearing, the judge may issue letters testamentary (for executors named in the will) or letters of administration (if no will exists).
Once issued, the executor or administrator has 90 days to file an inventory of the decedent’s estate or an affidavit stating the inventory has been prepared and can be provided to creditors if needed. These steps outline the initial timeline for probate or estate administration.
How Our Firm Can Help
Every estate is unique, and no two probate cases are the same. At Wadler Perches & Kerlick, our approach to probate, heirship, and estate administration reflects this understanding. Whether you are handling a complex estate with significant assets or a modest estate with only a few items, we are here to provide the legal guidance you need. Some of the services our experienced attorneys can provide include the following.
Filing the initial probate application with the court
Validating the deceased’s will and moving it through the probate process
Obtaining court orders for heirship determinations
Identifying estate assets, including bank accounts, real estate, and personal property
Addressing creditor claims and resolving outstanding debts
Filing final income tax returns and making sure all necessary tax obligations are met
Distributing estate assets according to the terms of a will or Texas intestacy laws
If you are facing probate or estate administration challenges, you don’t have to face them alone. Our experienced legal team will work hard to make sure your loved one's estate is managed properly and that your understand your legal responsibilities.
Southeast Texas Probate, Heirship & Estate Administration Attorneys
Probate, heirship, and estate administration matters can be complicated, but they don’t have to be a source of added stress during a time of loss. At Wadler Perches & Kerlick, we are committed to helping you and your family handle the death of a loved one with confidence. Our attorneys are committed to providing compassionate service and practical solutions tailored to the needs of your loved one's estate.
If you need assistance with probate, heirship, or estate administration, we are here to help. Located in Wharton, Texas, we serve clients throughout Fort Bend County, Wharton County, and Matagorda County. Contact us today to schedule a consultation.