Under Texas law, an estate must pass through the probate court before the assets can be retitled and transferred to the beneficiaries. This process can be arcane, and there is the potential for things to go wrong, like disputes that can lead to litigation. The personal representative (and sometimes beneficiaries of the estate) should consider hiring a Valley Mills estate and probate attorney, and the Law Offices of Brett H. Pritchard can help you. 

The Personal Representative Has Significant Responsibilities in Probate

The personal representative is an individual who is named in the will and has the job of administering the estate and guiding it through the probate process. Although this is someone who is typically trusted by the testator, the personal representative may not know how to carry out all of their duties. The personal representative must not only make all of the necessary filings with the court, but they must also manage the property of the estate during the process. 

Along the way, the personal representative must adhere to the following duties that they owe to the beneficiaries:

• The duty of care boils down to the fact that the personal representative must exercise due diligence when managing the matters of the estate, and they cannot be negligent
• The duty of loyalty mandates that the personal representative avoid conflicts of interest or disclose transactions that involve them to the beneficiaries for their own approval (after they have been fully informed of all of the facts of the situation)

The Probate Process Can Be Tedious and Lengthy

You cannot expect that the probate process will unfold quickly and that everything will be resolved in a matter of months. In Texas, probate can take between 6 to 12 months to complete, depending on the size of the estate and the caseload of the probate court. If there are difficult issues involved in your probate case, such as the potential for litigation, it can take even longer. Along the way, there may be issues that arise that can slow things down considerably. The key is that none of these issues involved mistakes that could have been avoided. Although hiring a Valley Mills estate and probate attorney does not guarantee a specific timeline, it can reduce the possibility of delays in the process. 

Independent vs. Dependent Administration in Texas

Typically, families strongly prefer to engage in independent administration of estates in Texas because the personal representative does not have to seek approval from the court for every measure that they take. This form of probate is far more common, but it requires a situation in which there is little hostility and a personal representative who is acting in the interests of the estate. When there is independent administration, the personal representative can work with an attorney to obtain the help that they need.

Dependent administration exists where there are more challenging circumstances, such as disagreements among beneficiaries or mistrust of the personal representative. Here, many key decisions made by the personal representative will need approval of the court, and this can significantly delay the probate timeline. Dependent administration is something that should be avoided, but if it occurs, each beneficiary should consider hiring an estate and probate lawyer to protect their own interests. 

Who Needs a Lawyer in the Probate Process?

The personal representative can benefit from legal help from a Valley Mills estate and probate attorney. They are tasked with a difficult job, and they must do everything correctly to avoid delays. In addition, the personal representative may be liable for any breaches of the fiduciary duties that they owe to the beneficiaries. Obtaining counsel and assistance from a lawyer can keep things moving in the probate process and protect the personal representative legally.

Depending on the size of the estate and the issues involved, the beneficiaries may need their own attorney. An estate and probate lawyer cannot represent both the personal representative and the beneficiaries. If there are any disputes, there is the potential for estate litigation. Although litigation is a last resort, it may become necessary to protect your financial interests. A Valley Mills estate and probate attorney can represent you, whether it is in court or in negotiating a resolution to any dispute.  

Contact a Valley Mills Estate and Probate Lawyer

If you need help with probate administration or resolving an estate dispute, the Law Offices of Brett H. Pritchard is here for you. A trusted Valley Mills estate and probate lawyer can guide you through every step, protect your rights, and ease the legal burden during a difficult time. Don’t leave your family’s future to chance. Contact the Law Offices of Brett H. Pritchard today by calling us at 254-781-4222 or contacting us online to schedule a consultation and get clear, confident legal guidance.