Practice Areas

Probate with a Will

Probate for a decedent who has a Will is often a simpler and more streamlined procedure. The Will must be filed with the court for probate in order to authenticate the Will and provide the named Executor with legal authority via Letters Testamentary. Our attorneys are very familiar with the DFW probate courts and can assist with the entire probate process.

Who Probates the Will?

Generally, the person named in the Will as the Executor hires the probate attorney and probates the Will. However, other close family members to the decedent may also probate the Will.

When Should I Probate the Will?

Probate must be completed within four years of the decedent’s date of death. Although, we recommend probating the Will as soon as the family is comfortable following a death.

What if I Don't Probate the Will?

Failing to probate the Will results in no one being given legal authority to act on behalf of the decedent or his or her estate. Without an executor or administrator with legal authority, certain assets cannot be legally sold or distributed.

What is the Process to Probate a Will?

An application is filed with the court along with the Will. After a waiting period, the executor and attorney attend a hearing to prove-up the validity of the Will. After the hearing, the court grants the executor Letters Testamentary. The executor is then required to provide all of the beneficiaries with notice of the probate and a copy of the Will. The executor is also required to inventory all of the decedent’s assets.

What Do I Do Once I'm the Executor or Administrator?

The executor or administrator is a fiduciary position that requires prompt action to manage the tax, financial, and legal affairs of the estate. This may include filing tax returns, paying creditors, appraising the assets, selling the assets, and distributing the property to the beneficiaries. We help executors and administrators navigate the estate administration process and help ensure they uphold their fiduciary duties to the beneficiaries of the estate.

Call us at (214) 742-6065 to find out if a skilled probate attorney is right for you. Our Dallas and Plano probate attorneys can assess your circumstances and recommend the best path forward.