El Paso, TX Probate Lawyer

If you are mourning the death of one of your family members, and you have come across this page because you found out your loved one’s estate may have to go through something known as “probate”, let us first express our condolences for your loss. We know how tough death can be to deal with (emotionally, financially, and legally). Grief is complex, and it can be even more complex when probate is involved.

Most people have never heard of probate until they lose someone they love, but probate is a common Texas court process that may have to be completed before your deceased family member’s estate – all of the money and possessions they owned – can be officially distributed to their heirs. Our compassionate El Paso probate lawyer and Certified Public Accountant, Jorge Villegas, can simplify your probate journey and take care of the paperwork for you so you can focus on moving forward. Call today to schedule a free consultation.

Why Is Probate Necessary?

Probate is not inherently a “bad” thing; if there wasn’t a court supervising what happened to deceased people’s assets, anyone could just claim them, and it would be chaos! The point of probate is to ensure that everything left behind goes to the right people (either according to the terms of the deceased person’s will or according to Texas’s intestate laws if there was no will).

It’s important to note that probate isn’t always necessary. If your loved one had a trust, or owned property in joint tenancy, or had transfer-on-death beneficiary designations on their accounts, then probate may not need to happen at all; if the value of their estate was under a certain amount, then a simplified version of probate involving a small estate affidavit may be available to you. Working with an El Paso probate lawyer can give you clarity on ways you may be able to bypass probate (or if not,

Why Is Probate So Stressful?

There’s a lot to do.

If you are named as the estate executor or personal representative in charge of overseeing the probate process, you have many tasks to complete! You will likely have to….

• Submit the will (if there was one) and death certificate to the court
• Submit a petition to the court to open a probate case
• Submit formal notices to the public, creditors, and beneficiaries
• Collect and care for assets until probate is closed
• Inventory and appraise those assets
• Settle creditor claims and outstanding debts
• File final tax returns and pay any required taxes
• Communicate with the courts, meet deadlines, and pay court fees
• Submit a final accounting and any other required records
• Submit a petition to close probate
• And more.

It’s time-consuming. 

All of this can take weeks, months, or years to do, and it will significantly cut into your personal time. There’s a ton of paperwork, which is the last thing that you want to have on your plate when you should be planning a funeral, healing from your grief, and moving on with your life after loss.

Lawsuits may be filed. 

If there are family disagreements over who gets what, or if one of the beneficiaries disagree with your actions as an estate executor, or if creditors swoop in to make claims on the estate, then it’s possible you could find yourself on the receiving end of a lawsuit over probate – the last place you want to be. Any mistakes or missteps could cause you to incur liability, even if they were made unintentionally, which is why it’s important to work with an El Paso probate lawyer who can protect you from risk!

It’s expensive. 

Between all the court fees and debts that have to be paid, probate can cost thousands of dollars. That money will come out of your loved one’s estate, not necessarily out of your own pocket, but if you stand to inherit from the estate, the more probate costs the less you (and your other family members) will receive.

How Can Our El Paso Probate Lawyer Make It Easier On You?

Our El Paso probate lawyer at Villegas Law Firm has over 15 years of legal experience guiding clients through the probate process to the quickest, most efficient resolution possible with the least amount of hassle possible. At our firm, we work with you on a one-on-one basis to make sure probate is done correctly and that you know what to expect. Because Jorge Villegas is a CPA as well as an attorney, he can assist you with minimizing the tax consequences to the estate and heirs. Call today for a free consultation where you can discuss your next steps!