When someone dies, their estate—meaning their property and debts—usually must go through probate. Although there are simplified procedures for smaller estates with no complicated issues to resolve, most estates go through the formal probate administration process.
However, formal probate administration in Sugar Land can be time-consuming and stressful for the deceased’s loved ones and the person managing the estate. The skilled probate attorneys at Romano & Sumner can support you throughout the probate proceedings.
Probate is a court-supervised process in which a judge appoints someone to manage and eventually close a deceased person’s estate. If the deceased person, or decedent, made a will, the personal representative is usually the person they named as their executor.
Probate must achieve a final disposition of all the decedent’s assets and liabilities. During formal probate administration:
When there is property remaining after the debts and taxes are paid, the personal representative distributes it to the decedent’s heirs.
Numerous issues can arise during probate, and legal advice is often necessary. The attorneys at Romano & Sumner are here to guide personal representatives in Sugar Land through formal probate administration. We can also represent heirs who may be considering contesting a will or other measures.
Formal probate administration is required when the value of a decedent’s probate property exceeds $75,000. Much of a decedent’s property can pass to beneficiaries and co-owners outside of probate. Some property passes directly at a decedent’s death, is not subject to probate, and does not count toward the estate’s value, such as:
Texas Estate Code §353.051 designates exempt property that also does not count toward the estate’s value, including the family homestead, a portion of the decedent’s personal property, a vehicle, and a cash allowance to the family.
Segregating the exempt property and establishing the value of the probate estate can be challenging. It is wise to work with a Sugar Land attorney to avoid mistakes in identifying which property is subject to formal probate administration.
There are two levels of court supervision applicable to formal probate administration. When the personal representative is empowered to make most decisions without seeking court approval, the process is called independent probate administration. When the court takes a more active role, the process is called dependent or regular probate administration.
Independent administration is more common and advantageous, as it is usually faster and less expensive. Dependent administration may be more appropriate when there are disputes between heirs or the estate is complex for other reasons. A Sugar Land lawyer experienced with formal probate administration can assist in both the independent and dependent scenarios.
When coping with a loved one’s death, it can be difficult to address certain matters on your own, such as formal probate administration in Sugar Land. Schedule a free consultation today with the team at Romano & Sumner to discuss how we can help you through this process.
Romano & Sumner, PLLC
