Law Offices of Rhonda S. Ross

121 East 12th, Suite 6,
Houston, TX 77008

Call Now For A Consultation

(281) 216-8778

Law Offices of Rhonda S. Ross

Who Do You Represent In Probate Cases?

I represent the families who have lost someone.

What Actually Is Probate?

Probate is a system to transfer titles/ownership to real property and personal property that means to real estate and personal items like furniture, art and some investment type items like stock accounts or oil and gas deeds.

What Are Common Misconceptions That You Find People Have When It Comes To Probate?

That it is really expensive. Yes, it costs to probate but it is not as expensive as in many other states. Texas has a good probate system and it is designed to help people probate estates in the least expensive ways. That is why I am such an advocate for everyone to have a will. It is less expensive to probate a will than it is to probate an estate where there is no will.

Is Probate Necessary?

Probate is always necessary in Texas when there is real estate. In other words, when there is real property, the probate process legally changes the ownership of the property pursuant to the terms of the will. The probate says, “This is the property of the deceased”, and the Order states the name and other information about the heirs of the estate.

What Happens If The Heirs Do Not Want The Property And The Deceased Cannot Designate Who It Is Going To Go To From There?

There is a section in the probate code that is called the Residual Clause. So, just about every will in Texas says if there is any property that I have not disposed of in this will, I wanted to pass to my residual beneficiary. The deceased person may not even know who the residual beneficiary is but there will be one. There always is a residual beneficiary because Texas does not want any little pieces of property floating around that do not have somebody to inherit them.

Does All Of The Deceased Person’s Property Have To Go Through Probate?

No. Anything that has a stated beneficiary does not go through probate. For example, insurance policies, 401(K)s or stock accounts because those entities have stated beneficiaries determined at the time they are purchased.

Who Are All The Main Players Or The Main Persons Involved In The Probate Process?

Of course, the testator or the testatrix is a main player because he or she is the reason for all of this. Then there is the administrator or the executor that is appointed by the court to handle the probate. Of course, there is an attorney who represents the estate. In Texas, most judges require an attorney; you can do your own divorce but you cannot do your own relative’s probate. The heirs are the other necessary parties. There could be one or none or 15.

For more information on Probates In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 216-8778 today.

Rhonda S. Ross, Esq.

Call Now For A Consultation
(281) 216-8778