Frequently Asked Questions
We know probate can be difficult, that is why we are here to help. We invite you to browse our website to find information related to probate, guardianship, and estate planning. Need help with a probate matter near San Antonio? Schedule a free consultation below.
About the Probate Process
- Do I have to hire a probate attorney? If you are representing more than yourself as an individual, the general rule is that you have to hire a probate attorney. In most cases, there are multiple parties to the probate and it is important to be represented. When that is the case, most courts will require that you hire a probate attorney.
- How long does the probate process take? A short time frame for probate is 3 to 6 months. This is on the low end, and it is very possible that the process will take longer.
- What is involved in a typical probate case? There are many steps involved in probate. These steps usually entail an application, a court hearing, paying creditors and distributing property.
- What do I do if the bank demands letters testamentary? This depends on your situation. Letters testamentary may or may not be needed depending on the case.
- Do I need to probate a will if I am the only beneficiary? Typically, a will needs to be probated regardless of whether you are the sole beneficiary or not. Legally, a will is not considered valid until it is admitted to probate.
- How long do I have to probate a will in Texas? Generally speaking, you have four years to probate a will. It is important to be aware of the fact that the will must be delivered to the clerk before this time.
- Is probate public in Texas? More often than not, yes. The records that are filed in these cases are open to inspection by the public.
- Can I buy real estate tied up in probate? Yes, you can. We do advise clients on how to acquire real estate that is in probate.
- How do I respond to a letter from a probate attorney? There are a variety of reasons why you would receive a letter from a probate attorney. In order to put yourself in the best position, it is suggested that you hire your own probate attorney to help you review the letter and draft an appropriate response.
- Who do we represent? Generally, we represent the applicant. This is the party who files the application for probate. In a case in which we are not representing the applicant, we may represent other interested parties.
- How much do we charge? This varies depending on your needs. We charge flat fees, by the hour, and, in some limited cases, contingency fees.
- How much are the court costs and fees? This changes from case to case. Typically, they range from $400 to $1,000.
- How we prefer to work. When possible, we prefer to handle communications using our online client portal and/or phone and email.
- What we need to get started. Customarily, we need a signed engagement letter, payment, and a completed intake form to get started. If available, it is valuable to also have the will and death certificate.
- Probate intake forms. Follow the link to find our intake forms.
If you have a question that isn’t answered here, feel free to contact us to ask about it.