Probate Law Firm in Dallas County, Collin County and Surrounding Areas

Nine times out of ten, when a person dies with a will in Texas, traditional probate is the best option. With traditional probate, you’re accomplishing two things at the same time.

First, you’re “probating” the will. This means that a probate judge will sign an order essentially validating the Last Will & Testament as legally valid under Texas Law.

Second, you’re having an executor appointed by the judge. Even if the will nominates an executor, the executor is not legally appointed until the probate judge signs an order appointing the executor.

Since the probate is required in order to have an executor appointed by the judge, most probate clients need traditional probate. You’ll know if you need traditional probate if someone at the bank tells you, “You need to go get letters testamentary.” “Letters Testamentary” is actually a document issued by the probate court clerks after the executor has been officially appointed by the judge. In essence, the bank needs Letters Testamentary to have true assurance that they’re dealing with the court-appointed executor of the estate.

This unique Texas probate alternative is used when there are no unpaid debts, except those secured by real estate, and no need for estate administration. Shutt Law Firm can assist in transferring assets directly to beneficiaries, bypassing traditional probate complexities. In summary, probating as a muniment of title is having the will validated without having an executor appointed.  Our probate attorneys call this “Probate without an Executor.”

If a person dies in Texas with a Last Will and Testament and the deceased person had no assets in his/her name, then there may be no reason to probate at all.

This comes about when a person dies with only bank accounts having beneficiary designations. In instance, you’ll hear people say, “There’s no reason to probate because there are no assets that need to go through probate.” If all of the assets can be distributed without probating a will, then you may be able to avoid probate.

Some Texans avoid probate by having a trust. A trust can avoid probate if the deceased person had transferred all his assets into his trust before death. In this way, he didn’t technically have any assets in his name at the time of death. As estate planners, our attorneys often recommend trusts for probate avoidance to our estate planning clients.

Sometimes, even when a Texan dies with a trust, probate is still necessary. This is because there is some asset outside the trust at the time of death. In this case, the deceased person likely has a “pourover will.” This will “pours over” any assets not in the trust’s name at the time of death, into the trust.

At Shutt Law Firm, our probate attorneys are renowned throughout the Dallas area for their profound expertise, extensive experience, and an impressive track record of success in probate cases. Our team focuses on estate planning and probate law, ensuring that the legal process is handled efficiently and with the utmost sensitivity. We pride ourselves on our strategic approach to each case, tailored to meet the unique needs of our clients while upholding the highest standards of legal excellence.

While we handle many probate matters  in Dallas County Probate Courts, Collin County Probate Courts, Denton County Probate Courts, Tarrant County Probate Courts and beyond–this experience has allowed us to make a streamlined process for our Will Probate clients.