Probate Lawyer in Texas

Compassionate Guidance Through the Probate Process

At Ybarra Law Firm, we understand that dealing with probate after the loss of a loved one can be overwhelming and emotionally challenging. Whether you’re navigating probate with or without a will, our experienced team is here to provide clear guidance and compassionate support every step of the way. With our bilingual services, we ensure that families across Texas, including English and Spanish-speaking communities, receive the legal assistance they need during this difficult time.

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How We Help

Probate is the legal process of settling a person’s estate after they pass away. It involves validating a will, managing assets, paying debts, and distributing property to heirs or beneficiaries. While it is a critical step in honoring your loved one’s legacy, it can be complex and time-consuming without the right guidance.

 

At Ybarra Law Firm, we focus on simplifying the probate process, allowing you to focus on what matters most—honoring your loved one’s memory and supporting your family.

Probate with a Will

If your loved one left a valid will, probate ensures their assets are distributed according to their wishes. Depending on the circumstances, this process may involve Letters Testamentary or Muniment of Title.

  • File an application in the county where the decedent resided at the time of their death.
  • Deliver the original will to the probate court.
  • Citation & service to notify interested parties.
  • Schedule a hearing for the court to review the case.
  • Attend a court hearing to admit the will into probate.
  • Applicant takes an oath to serve as executor.
  • Court admits the will into probate and appoints the applicant as the independent executor.
  • Receive certified copies of Letters Testamentary, granting legal authority to act on behalf of the estate.
  • Meet statutory deadlines for notices and filings.
  • Pay the estate’s debts.
  • Transfer property to beneficiaries as directed in the will.
  • Provide the court with an accounting or affidavit of the estate’s administration.
  • Close the estate.

This simplified process transfers property (when no debts are owed) directly to beneficiaries without the need for ongoing estate administration.

Steps for Muniment of Title:

  • File an application in the county where the decedent resided at the time of their death.
  • Deliver the original will to the probate court.
  • Citation & service to notify interested parties.
  • Schedule a hearing for the court to review the case.
  • Attend the court hearing to admit the will into probate.
  • Applicant takes an oath.
  • Transfer property as directed in the will.
  • File an affidavit of compliance with the court.

Probate without a Will

When no will exists, the probate court determines how the estate will be managed and distributed. Depending on the size and complexity of the estate, different processes may apply.
  • File the application.
  • Court reviews the application.
  • Court approves the affidavit.
  • Use the affidavit to transfer limited assets.
  • File the application.
  • Citation & service to notify heirs.
  • Waivers signed by heirs.
  • An Ad Litem is appointed to investigate and report findings.
  • Hearing is scheduled.
  • Court hears testimony and determines heirs.
  • Court appoints the applicant as the independent administrator.
  • Receive certified copies of Letters of Independent Administration.
  • Meet statutory deadlines for notices and filings.
  • Pay the estate’s debts.
  • Transfer property as directed by the court order.
  • Provide the court with an accounting or affidavit of administration.
  • Close the estate.
  • File the application.
  • Citation & service to notify heirs.
  • An Ad Litem is appointed to investigate and report findings.
  • Hearing is scheduled.
  • Court hears testimony and determines heirs.
  • Court appoints the applicant or an agreed-upon individual as the dependent administrator.
  • Dependent administrator posts a surety bond.
  • Receive certified copies of Letters of Dependent Administration.
  • Review the estate’s assets and liabilities.
  • Request court permission to address assets and liabilities.
  • Meet statutory deadlines for filings and notices.
  • After a year and with court approval, distribute assets to heirs.
  • Provide the court with a final accounting.
  • Close the estate.

Our Step-by-Step Probate Process

When you work with Ybarra Law Firm, we provide a structured approach to ensure every detail is addressed:

.01
Free 30-minute Virtual Consultation
We begin by understanding your situation and providing an overview of the probate process.
.02
Filing Probate Documents
Our team handles the legal filings required to initiate the probate process, whether a will exists or not.
.03
Estate Inventory & Valuation
We assist with identifying and classifying all assets within the estate to ensure proper management and distribution.
.04
Debt Resolution
Outstanding debts and taxes owed are resolved in accordance with state laws.
.05
Asset Distribution
Once all obligations are met, we ensure the estate’s assets are distributed to the rightful heirs or beneficiaries.
.06
Case Closure

We finalize all necessary documents and filings, bringing the probate process to a smooth and efficient conclusion.

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Why Choose Ybarra Law Firm?

Get Started Today

The probate process doesn’t have to be overwhelming. At Ybarra Law Firm, we’re here to guide you through each step with professionalism and compassion. Let us help you navigate the legal complexities so you can focus on your family and loved ones.

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