Whether you’ve recently lost a loved one or recently begun the estate planning process for your future affairs, you might have heard the term probate. 

Probate can sound like an intimidating, overwhelming affair, but with the help of an experienced probate lawyer, you can prepare for the process adequately. At Campbell Law Firm in Tyler, TX, we have over 35 years of experience helping families navigate the probate process or avoid it with thorough, comprehensive estate planning. 

If you have lost a loved one, book a call with Campbell Law Firm today, so we can provide relief to your probate situation. 

Probate is a legal court process that verifies and administers all aspects of an individual’s last will and testament after they pass away. In probate court, the Executor or Administrator will inventory the assets of the estate, settle creditor claims, and resolve any beneficiary disputes. If you do not have a will, the Texas Estates Code will control how your assets are distributed, which is usually to your blood heirs.

 Probate law can include complex procedures that make the process time consuming and sometimes stressful. Hiring an experienced attorney, such as Bradley S. Campbell of the Campbell Law Firm, PC, can greatly reduce the time, difficulty and stress of the probate process.  Book a call with us today!

• Muniment of Title: Small estates that only have real estate involved, and no estate debt, may qualify for the fast-track probate known as a Muniment of Title.
• Letters Testamentary or Letters of Administration: Typically, if the assets of the estate involve more than real estate, or their are debts of the estate, or if the estate needs to be administered, a more involved probate process called Letters Testamentary or Letters of Administration is needed to transfer the assets of the estate. This is a more formal type of probate that takes longer and involves a multi-step process to fully administer the estate.   

Beneficiaries, including the surviving spouse of the Deceased, can not obtain legal title of the assets of  the Deceased until the Probate process is complete, OR a some type of other procedure can be used to transfer the legal title of the assets without a formal probate, such as an Affidavit of Heirship. You will want to immediately talk with our firm, once your loved one has passed away to maximize your probate or non-formal probate options.We can advise and represent you through each of these steps so the process will be as efficient as possible and less stressful.

A Letters Testamentary or Letters of Administration  probate requires estate administration to distribute assets and transfer title of those assets to beneficiaries, including the surviving spouse. The personal representative and their probate lawyer, , will be in charge of the following tasks:

• Filing the Application to Probate the Will or the Estate
• Attending the initial hearing to appoint the personal representative of the Estate
• Noticing Beneficiaries of the Estate
• Filing an inventory of the estate and securing estate assets.
• Valuing the estate assets
• Creating an estate bank account to hold the assets of the estate until the assets are distributed to beneficiaries.
• Fulfilling the decedent’s tax obligations, if any
• Managing the estate’s property
• Sending a notice to creditors and settling debts of the estate
• Distributing assets to beneficiaries according to the will’s instructions

Each step can be extremely important, because the personal representative has a fiduciary duty to follow the Texas Estates Code and Will provisions. Failure of the personal representative to fulfill their fiduciary obligations correctly can result in serious legal and financial consequences to the personal representative. The professionals at Campbell Law Firm, PC, have been advising and representing personal representatives for 35 years to help them avoid the pitfalls involved in serving as a personal representative.

Probate can  be a long, public, and expensive process that can be difficult for grieving families. If you want to help your loved ones avoid probate after you pass, we can help. Trusts are legal documents that if properly prepared by an experienced estate planning law firms, such as Campbell Law Firm, ,PC, will allow your family  to avoid probate, lessen the cost of asset transfers after your death, save months of time,  and avoid any obligation to make that asset transfer process public 

Comprehensive estate planning with a Trust is critical in protecting your wishes and your family’s interests. Numerous types of trusts and other legal documents can help you create an estate plan that correctly aligns with your preferences. At Campbell Law Firm, we will listen to your wishes and help you create the right estate plan for your needs. Call us today for peace of mind. 

Probate Courts will typically not allow a non-lawyer to attempt to file a probate matter, because of the complexities involved. At Campbell Law Firm, we will represent  you through each step, explaining things in simple terms, so you always know how to make the right choice for your family. Our probate representation and support includes the following services:

• Filing the Application for Probate
• Obtaining a hearing date and representing you at any hearing
• Filing all the various required notices and pleading with the Court
• Preparing and filing the Inventory of Estate Assets
• Managing each step of estate administration
• Navigating creditor claims
• Guiding you through any probate disputes, beneficiary disputes, and litigation
• Ensuring that you avoid any potential legal mistakes, or potential failures of your fiduciary duties under Texas law
• Helping you avoid probate for your estate in the future by using a Trust

Book a call with Campbell Law Firm in Tyler, TX, to speak with an experienced probate lawyer today.