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Sharpe & Associates
Dallas Office
4925 Greenville Ave., Suite 425
Dallas, Texas 75206
P: (214) 742-6065
F: (214) 271-4197

Austin Office
3144 Bee Cave Road
Austin, Texas 78746
P: (512) 861-8202
F: (512) 861-6248

Sharpe Blumoff

Probate and Estate Administration

Let Us Simplify the Probate Process

Probate and/or Estate Administration is the legal process whereby property is passed to a person's heirs upon their death. The type of property and assets of the decedent determine which process is necessary.

Each executor, administrator, trustee, and other fiduciary is bound to promptly create a plan to meet respective legal, financial, and ethical responsibilities. Without a timely and effective plan, a fiduciary cannot properly discharge the duties of office, thereby risking personal liability for opportunities lost and expenses incurred. We are committed to ensuring that our clients have a complete understanding of their obligations and a clear plan for meeting those obligations before they accept fiduciary appointments.

Strict deadlines, limited marketability of assets, and volatile financial markets require beneficiaries to be proactive in protecting their interests. Beneficiaries who delay in asserting their rights could experience irreparable financial harm through missed opportunities, increased tax and other costs, and changing economic conditions. Because each trust and estate is unique, we work closely with our clients to evaluate relevant legal, financial, tax, and business issues and to understand their concerns, needs, and expectations.

An executor (when there is a will) or personal representative (when there is no will) oversees the probate process. This involves:

  • Application to the court
  • Attend hearing and "prove-up" the will
  • Identifying and inventorying the deceased person's property
  • Appraising the property
  • Paying taxes and creditors with the deceased's assets
  • Adequately distributing the property to the beneficiaries

If there is a will, the assets are distributed according to the instructions of the will. If no will exists, then Texas law generally determines who gets what and in what proportions.

In general, property that the deceased owned individually has to pass through probate in order for ownership to transfer to his or her heirs. Jointly owned property (if owned by right of survivorship) and the proceeds of life insurance, retirement accounts, and annuities generally pass to the surviving joint owner or the named beneficiaries without the necessity of probate.

There are several different or alternative processes involved in probate. Not every probate procedure is right for every client. Our attorneys select the simplest, most direct process available for probate and estate administration.

Probate can be an emotional, complex, and difficult process for the family and all other concerned parties, but it does not have to be. We can manage the process from start to completion, and take the details and effort out of the family's hands while keeping them fully informed of the issues involved.

Helping Clients Navigate the Legal Elements of Personal Finance

Contact our offices at 214-742-6065 (Dallas), 512-861-8202 (Austin) or contact us online. The Dallas office primarily serves clients in Dallas County, Tarrant County, Collin County, Denton County, and the surrounding communities. The Austin office primarily serves clients in Travis County, Bexar County, Williamson County, and the surrounding communities.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor formation of a lawyer/client relationship. Copyright © 2018 Sharpe & Associates, PLLC. All rights reserved. Web Design by PerfectoMEDIA. [Site Map]
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