When someone dies, their estate—a term that encompasses all the assets and liabilities they possessed at their death—usually must go through probate. Probate is a court-supervised process for collecting the deceased’s assets, paying their debts, and distributing what remains to their heirs.
Simplified probate administration in Sugar Land is a simplified process that may be available in some cases. An experienced probate attorney at Romano & Sumner can help you determine whether it might be an appropriate option in your case.
The formal probate administration process can be complex. If the assets in question are relatively minimal and all heirs agree, a simplified process may be better for everyone. Simplified probate administration is a general term for these simplified processes in Sugar Land.
One common form of simplified administration is the Small Estate Affidavit (SEA). This process is available when the deceased person (decedent) died without a will, and their estate’s value is $75,000 or less.
Courts can only use this process to distribute a decedent’s property to surviving family members, and all the heirs must agree to use this method. If you believe your loved one’s estate might qualify for SEA, it is wise to seek advice from an experienced probate attorney.
Typically, the decedent’s surviving spouse or adult child files the SEA. If the decedent did not leave a spouse or child, a parent or sibling could file. If the only surviving heir is a minor child, their parent or guardian can file on their behalf.
The SEA must list the people entitled to inherit under Texas Estate Code Chapter 201. For inheritance, the law treats a common-law spouse as if there were a legal marriage, and it treats adopted children the same as biological children. Former spouses and stepchildren are not entitled to inherit when a decedent does not have a will.
The SEA must contain an inventory of all the decedent’s probate assets and their value, along with a list of outstanding debts. It is wise to engage a Sugar Land attorney who handles simplified probate administration to help identify assets that you must include in the inventory and confirm the valuations. A mistake could lead a court to reject the SEA, forcing the estate to go through formal probate, which entails greater expense and delays.
SEA is not available when a decedent left a will, but many people with smaller estates have wills. A probate court must validate a will, but a simplified process called Muniment of Title is available in some cases.
You could seek a Muniment of Title when the estate has no debts except a mortgage, and all the heirs accept the validity of the will and do not dispute its contents. A simplified probate administration lawyer can assess whether this option is a viable means of settling probate in a specific Sugar Land case. If not, there may be other alternatives to formal probate, depending on the circumstances.
The stress and grief of losing a family member can be devastating, and dealing with the demands of the formal probate administration process might be too much to handle. If simplified probate administration in Sugar Land is an option in your case, it is worth considering.
At Romano & Sumner, we offer free consultations to grieving families. Contact us and schedule an appointment today to discuss your family’s probate questions with a member of our team.
Romano & Sumner, PLLC
