Our attorneys at Aparicio & McLaren help clients during the difficult times after losing a loved one. It can be a daunting task to sort through the deceased person's real and personal property, accounts, ascertaining his or her debts, and making distributions to the beneficiaries. We understand and help guide you through the steps you must take if you find yourself in charge of a deceased person's estate.
How we can assist you and your family
Upon meeting with one of our probate attorneys, we will review your family's circumstance, including the deceased person's assets and liabilities, to determine the most efficient and cost-effective way to transfer the deceased person's property to the proper beneficiaries or heirs.
Our goal is always to minimize probate court involvement, but if it becomes necessary to go through the court's probate procedure, we will assist you in fulfilling the duties of an executor or appointed administrator.
Aparicio & McLaren counsels clients on probate, estate, and trust administration in the following areas:
Probating a Will and the administration of the estate
Small Estate Affidavits
Affidavits of Heirship
Documenting asset transfers to beneficiaries
What do I do if the deceased person left a Will?
A common misconception is that, if a person dies with a Will, there is no need for probate. Unfortunately, this is not always the case. A Will does not have any validity to transfer assets until a judge issues an order stating that the Will is the valid last Will of the person who passed away. The process of going through the court to approve the Will, ensuring the the Will complies with the requirements under Texas law after a Will has been determined to be valid is known as "probate."
What happens if the deceased person did not execute a Will?
Many families face the struggle involved when a family member dies without a will. In legal terms, dying without a will is known as "dying intestate." When no will exists but the deceased person had assets and potential heirs, guiding the deceased person's estate through the intestacy process or heirship proceedings can be slow and costly.
When an individual dies without a will (intestate) in Texas, then the state of Texas has statutes in place to determine who receives the deceased person's assets.