PROBATE
Currently serving Tarrant, Denton, and Dallas Counties
What is Probate?
Probate is the legal process through which a deceased person's assets are distributed and their debts settled. Estate planning can mitigate the need for probate of an estate and ensures that the a person's estate is administered according to the law and their wishes as outlined in their will. Probate is the court procedure for transferring property, resolving disputes, and validating the authenticity of the will. It helps protect the rights of beneficiaries, creditors, and other parties involved, ensuring a fair and efficient distribution of the estate.
Our Process
To begin the probate process, please complete the Contact Us section at the bottom of the home page or call our office. An assistant will help determine what we can do for you and, if we can take the case, will schedule an appointment with Mr. Kocian for an initial consultation. Mr. Kocian will go through your options in more detail and recommend next steps.
You can download our helpful "Actions Upon death or Incapacity" Guide to help you through the initial steps of losing a loved one.
The Consequences of Not Probating
Avoiding probate might result in loss of assets or inheritance. Probate is crucial because it establishes the link in the chain of title for property. While not all property will require probate, it is essential to understand when probate is needed. Texas has a four year statute of limitations to file an application for probate. After those four years, there are limited options for administration of an estate.
Areas of Probate Practice:
Note: We do NOT handle contested probate cases or litigation. All parties must be in agreement.
Probate with a Will
Probate of a will is the legal process of validating and executing a deceased person's will. Estate planning is important because it ensures that the decedent's wishes are followed and assets are distributed correctly. Probate provides a formal and legally recognized framework for resolving disputes, settling debts of the estate, protecting beneficiaries' rights, and ensuring a fair distribution of the estate according to the deceased person's intentions.
Probate without a will, also known as intestate probate, occurs when a person passes away without leaving a valid will. In such cases, the court follows the laws of the state to determine the distribution of the deceased person's assets. The court appoints an administrator to oversee the probate process and manage the estate. The administrator identifies and gathers the deceased person's assets, pays off debts and taxes, and then distributes the remaining assets among the legal heirs according to the state's intestacy laws. Probate without a will aims to ensure a fair distribution of assets and provide a legal framework for resolving any disputes that may arise during the process.
Probate without a Will
For further assistance or to schedule a consultation, contact our office at 817-391-1088.