Probate Attorney

Texas has one of the most flexible probate (estate administration) systems in the United States.  Several options are available.  The option that best fits your needs depends on the specific facts of your situation.  After discussing your objectives and the facts of your case, our firm will explain the options available and guide you to the right choice. 

When the deceased passed away having left a valid Will, options might include:

When the deceased passed away without a Will, options might include:

Probate's Two Purposes:

  1. To ensure the deceased's valid debts are paid; and,
  2. Transfer ownership of property.

Directing Post-Death Affairs

The person the court authorizes to carry out the intent of a Will is called the Executor.  The person authorized to distribute property per the laws of Texas when no Will exists is called the Administrator.  Executors and Administrators work under a probate court's supervision to a degree that varies with the estate's circumstances.  Independent Administrations tend to be the norm in Texas.  Independent Administrations are managed largely free from court supervision.  Dependent Administrations are required in a few situations.  Dependent Administrations are managed with significant court supervision.

In other cases, such as with a Small Estate Affidavit or Muniment of Title, no Executor or Administrator is appointed.  Court supervision is minimal to none.  Upon court approval of either of these probate procedures, title to the decedent's property passes directly to the heirs.  Estate administration isn’t needed for the heirs to take possession of their inherited property.

How Long Probate Takes

The length of time needed to complete the probate of an estate largely depends on four factors:

  1.  The type of probate process that best fits the situation, for example:

  • A Small Estate Affidavit typically can be completed in as little as a 10-14 days;
  • A Muniment of Title normally can be completed within a month; and,
  • An Independent Administration generally runs 9 to 18 months—a bit longer if a Determination of Heirship must first occur because the deceased left no Will.

   2.  Whether any named beneficiary or excluded person intends to challenge a Will;

   3.  The size and complexity of the estate, such as the amount of property and debts; and,

   4.  The probate court's schedule. 

Our Firm’s Commitment

The Cramp Law Firm, PLLC, understands that a properly managed estate rests on more than just skilled knowledge of the probate processes—it also requires dignity, compassion and patience for those involved.  You have our enduring commitment to those values as we explain and guide you through each step in the probate process that’s right for your situation.  Call today to speak with our probate lawyer.

The Cramp Law Firm is located in San Antonio, Texas and assists clients throughout Bexar, Comal, Guadalupe and Kendall counties.

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Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: (210) 819-5052

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