Probate Process, Costs and Time
As your attorney, I offer flat fees or hourly fees for a probate administration for all types of estate administrations in all the probate courts in Houston, San Antonio, Dallas, and Austin area. Under certain circumstances I may agree to be paid from the estate in a probate estate administration.
Probate Procedure and Probate Process:
Typically, the executor or administrator files the probate application with the help of their probate attorney and original will if applicable. Following application there is a posting period for a Will or administration for at least ten days before the executor or administrator can probate the Will and/or have an estate administration if an intestate heirship (an estate administration without a will). At the probate hearing, the executor or administrator proves the validity of the Will and seeks to be appointed executor or administrator with the aid of their attorney. After the probate hearing, the executor or administrator will receive “letters of testamentary” or “letters of administration” from the probate court. Thereafter, if there is an independent administration granted by the probate court the executor or administrator collects estate assets. The probate court will expect the administrator or executor to do an estate inventory and file a notice to creditors for the estate with the aid of their attorney. There is also a requirement of notice to the heirs from the executor or administrator. For independent administrations this completes most of the functions of the administrator or executor. As your attorney, I will be involved in each step of the probate process. Will probates can be completed within several weeks. Estate administrations that are intestate (no Will) can take a month or more depending on the probate court.
Divorce Process and Costs and Time:
As your attorney, I offer flat fees for an uncontested divorce which in some instances may be completed in the minimum time period for a divorce case, 61 days from the date of filing. Special payment arrangements may be available.
For a contested divorce, I offer a reasonable hourly rate and retainer. For a contested divorce the other spouse needs to be served by citation which starts the divorce process. After service of process, there can be a temporary injunction to protect a spouse physically and financially. Typically, after 15 days there is a temporary hearing which determines support and custody during the pending divorce. Thereafter, the case goes to meditation and possibly trial after six months if an agreement cannot be reached.
If you need help contact us for a free consultation for the Houston, San Antonio, Austin and Dallas/Fort Worth areas.