Guiding You Through The Complexities Of Probate

We offer comprehensive estate planning and estate administration services, including probate. Probate is a court-supervised process, required when an estate contains even a single probate asset. Pursuant to the probate schedule set by the court, the executor will distribute the decedent's assets pursuant to his or her last will and testament. If there is no will, assets will be distributed according to state intestacy laws.

We Advise You Of Your Fiduciary Duties As Executor

If you are the executor of an estate, the court will impute certain fiduciary duties to you. Among other tasks, you will be legally obligated to:

  • Locate any beneficiaries named in the will
  • File an inventory of the estate's assets
  • Notify creditors
  • Satisfy debts of the estate
  • Transfer assets according to the decedent's instructions
  • Prepare and file an estate tax return

If you are an executor and you fail any of these duties, the beneficiaries have the right to bring a civil lawsuit against you, alleging a breach of your fiduciary duty. You could be found liable for any mistakes, even if unintentional. For that reason, we recommend you consult with an attorney to protect yourself.

We work well with executors, helping them to fulfill their fiduciary duties. If the estate includes real estate, we can prepare the deeds to transfer the property to the beneficiaries. We know how to guide you through the complex and numerous procedures of probate.

Consider The Option Of Probate In Your Estate Plan

In recent years, the popularity of trusts has made probate avoidance a popular goal. Yet there may be valid reasons for utilizing probate. For example, smaller estates may qualify for a simplified probate process. We can help you navigate the estate planning options that are available, including probate. Call (210) 536-0555 or contact us online to schedule a consultation at our San Antonio office.