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Woodway Estate and Probate Attorney

Estate and probate law is a complex branch of the law that addresses finalizing estates and distributing assets to beneficiaries when there is a will and to heirs when there is not. If you have lost someone you stand to inherit from, you are facing a difficult grieving process and a challenging legal matter. Consult with an experienced Woodway estate and probate attorney today. They will ensure your legal rights to the estate are protected and you understand the probate process.

What Is an Estate?

While the term estate has a grand ring to it, it refers to all the assets owned by an individual at the time of their death, including family heirlooms. An estate can be quite modest, immense, or anything in between. The bottom line is that your loved one’s estate reflects their legacy, and distributing the assets in accordance with their wishes honors their memory. 

It is important to note that any assets that are beneficiary-based bypass the probate process and are not addressed by wills. These financial tools flow directly to the named beneficiaries, and common examples include retirement accounts, life insurance policies, and certain investments.

What Makes a Will Valid in Woodway?

If your relative left a legally valid will, the terms included will ultimately prevail. To be legally valid, however, they must have been at least 18 years old and of sound mind when they created the document. The will must also be in writing, which means that it can be typed, printed, or written completely in your relative’s handwriting. Finally, the will must be signed, and if it is not handwritten, it requires the signatures of two witnesses who are not beneficiaries. 

If Your Loved One Leaves a Will

If your loved one left a legally valid will, it means that their assets will be distributed according to their wishes as outlined in their will. This not only helps to streamline the inheritance process but can also help lessen the risk that disputes or contests will arise. 

Most wills assign an executor of the estate. This is a person whom the testator – or the person who created the will – trusts to manage the probate process, which includes a range of legally complex steps. If the testator does not name an executor, the court will assign the very similar position of administrator during the probate process. This role usually goes to a close survivor of the testator. 

Losing a loved one is a challenging experience, and it is not unusual for emotions to run high. When there is a will to guide the path forward, it can help soothe nerves, which can prove advantageous.

If Your Loved One Leaves No Will

If your loved one leaves no will, it is called dying intestate, and the Texas laws of intestacy will determine how their estate is ultimately distributed. Texas prioritizes the following survivors in the following order:

  • The spouse and children of the decedent
  • The parents of the decedent 
  • The siblings of the decedent
  • More distant relatives of the decedent, including grandparents, aunts and uncles, and cousins

If your loved one dies intestate, you can expect the probate process to be lengthier, more costly, and potentially more contentious. The additional step of determination of heirship is required, and it tends to come with serious complications of its own.

What Is Probate?

Probate is the process of validating the decedent’s will if they have one and the administration of their estate. There are several critical steps involved, and the executor is tasked with navigating each on the journey forward toward finalization, including:

  • The executor locates the testator’s will and files it with the probate court.
  • The probate court validates the will, which is a more streamlined process when there is a self-proving affidavit attached.
  • The probate court officially appoints the executor named in the will or assigns an administrator if there is no executor named.
  • The court posts a public notice that probate is open.
  • The executor notifies all known creditors and addresses all final bills, claims, and taxes.
  • The executor files a complete inventory of all the assets in the estate, including all relevant appraisals.
  • All remaining assets are distributed according to the testator’s wishes if there is a will and according to state law if there is not.

An Experienced Woodway Estate and Probate Lawyer Welcomes the Opportunity to Help You

An experienced Woodway estate and probate lawyer can help you manage your estate and probate planning to ensure your wishes are carried out upon your death.  Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Woodway estate and probate attorney who has the experience, legal skill, and insight to fiercely protect your inheritance rights throughout the probate process. We are here to help you, so please do not delay reaching out for more information by completing our online form or calling us at 254-781-4222 to schedule a free consultation today.

Meet Our Dedicated Team

  • Brett H. Pritchard Photo
    Brett H. Pritchard
    Attorney At Law
    Our lead lawyer, Brett H. Pritchard, is a graduate from Brigham Young University and Texas Tech University. Earning an exemplary reputation as an aggressive and formidable trial lawyer, Attorney Pritchard is ultimately passionate about protecting his clients' rights.
  • Brent T. Sykora Photo
    Brent T. Sykora
    Attorney At Law
    Attorney Brent T. Sykora has a wealth of experience in the legal realm, stemming firstly from his First Chair litigation experience in both federal and state courts, administrative hearings, and ADR proceedings.
  • Danah  Woods Photo
    Danah Woods
    Attorney At Law
    Danah Woods has a broad range of state and federal civil litigation experience including trial, discovery, and mediation and has practiced throughout the State of Texas. Danah began her career working in the insurance industry as a claims adjuster and ...
  • Darmeisha  Slay Photo
    Darmeisha Slay
    Attorney At Law
    After graduating from St. Mary’s University, she practiced as a Paralegal at the Law Office of Brett H. Pritchard until her acceptance into the Thurgood Marshall School of Law in Houston, Texas. While at TMSL, Darmeisha was accepted to practice in the pro bono Family Law Clinic where she represented indigent clients in uncontested and contested divorces.
  • Jeff  Linick Photo
    Jeff Linick
    Attorney At Law
    With a background in business and finance prior to going to law school, Mr. Linick worked for several years in the insurance industry with USAA, a company closely associated with the armed services.
  • N.J.  Gaunt Photo
    N.J. Gaunt
    Senior Litigator
    Nicholas J. Gaunt has been licensed as an attorney and mediator in Texas since 2009. He has practiced family law and criminal defense extensively in Bell, Coryell, Lampasas, & Milam, as well as Collin, Dallas, Denton, Travis, and Bexar County.
  • Quincy  Hall Photo
    Quincy Hall
    Attorney At Law
    Born in El Paso, Texas, Quincy Sterling Hall knew from a young age what it meant to be efficient, effective, and exceptional. As the son of a retired First Sergeant father and professional Health Care Liaison mother, the values and aptitude instilled in ...
  • Gregory  Wilson Photo
    Gregory Wilson
    Attorney At Law
    Gregory L. “Greg” Wilson, J.D., is a seasoned Texas attorney licensed since 2009, practicing with The Law Office of Brett H. Pritchard in San Antonio and Killeen. Greg brings a broad and versatile legal background to every case, representing individuals ...
  • Rebecca  Griffin Photo
    Rebecca Griffin
    Attorney At Law
    Rebecca C. Griffin, J.D., is an experienced family law attorney with The Law Office of Brett H. Pritchard, licensed to practice in Texas since 2008. Rebecca helps clients through some of the most important and sensitive moments of their lives, focusing on ...
  • Tal  Hammock Photo
    Tal Hammock
    Attorney At Law
    Roy Talmadge “Tal” Hammock, J.D., is a highly experienced Texas attorney practicing with The Law Office of Brett H. Pritchard. Tal has been licensed in Texas since 1995 and brings over 25 years of diverse legal experience to the firm, representing clients ...

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Law Office of Brett H. Pritchard
1201 South W.S. Young Dr.
Killeen, TX 76543
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