Did You Receive a Letter from a Probate Attorney?
There are multiple instances in which you may receive a letter from a probate attorney. These can range from notice of probate filings and inquiries looking for information, to demands that you take certain actions, such as returning probate property or bank records.
Common Reasons for Probate Letters
Here are the more common reasons for a probate attorney to send written correspondence:
- The probate attorney may be trying to find the original version of the decedent’s will.
- There may be missing heirs that the probate attorney is trying to locate.
- The estate may need to notify will beneficiaries or, if there is no will, the decedent’s heirs that the probate is being filed.
- In the absence of a will, the personal representative may need the heirs consent to the probate being handled as an “independent administration.”
- In the absence of a will, the personal representative has to notify joint owners of property that it is asking the court to determine the decedent’s heirs.
- In the absence of a will, the personal representative has to serve notice on the heirs. In the same vein, if there is a will but the probate is started more than four years after death, the personal representative must serve notice on the heirs.
- The laws of Texas requires the administrator to notify the beneficiaries of a will after the will is admitted to probate.
- The estate typically sends creditors or would-be creditors notice that they should submit a claim for money.
- The estate may be looking to make distributions and want to solicit a release or receipt.
- The will beneficiaries or heirs may have a legal complaint about you or may ask you to turn over probate property.
In these situations, there can be serious consequences of responding or not responding to these types of letters. It is important to hire your own probate attorney to review the letter to determine if and how to respond.
Hire an Experienced Probate Attorney
We are experienced probate attorneys who represent clients with sensitive probate matters.
Do you need help with a probate matter in the San Antonio area or the surrounding communities?
If so, please give us a call us at 210-436-6601 to see how we can help.