When someone dies, their properties do not just magically go to the people they wished it to. There’s this whole process called probate. It’s a legal process that decides who gets what, covers debts, and makes sure everything is done the right way. It’s supposed to be simple, but it never is.
If you’re in Houston, Texas, probate is even more specific. Houston is huge. It’s the fourth-most populous city in the United States, with over 2.3 million people living there in 2020. That means lots of people are filing probate cases all the time. You need to get paperwork in electronically, and there’s usually a $360 filing fee to start. And you generally have to start probate within four years after someone passes away.
If you want to make sure everything goes okay, you might need a skilled probate attorney in Houston.
Common Probate Challenges, And How Having a Lawyer Helps:
Let’s now go over the main challenges that come up in probate, and how having a lawyer saves you from them:
Dispute in the Family
Sometimes, members of the family might think the will is unfair. They might even claim it isn’t even the real will. People might remember an old promise from years ago, and suddenly everyone’s mad, and nobody agrees on anything.
A probate attorney keeps people from turning the whole thing into a shouting match. They explain the rules and also mediate so that the process can move forward.
Executor Duties Are Complicated
The executor is the person who has to keep track of everything. They hunt for assets, call people, pay bills, verify everything and fill out forms that can be complex. If they forget something important or do it in the wrong order, it slows everything down.
An attorney makes sure the executor doesn’t accidentally break a rule they didn’t even know existed. They keep things on track and stop the process from being delayed.
Debts Show Up
Before anyone gets anything, the estate has to pay debts. Some debts are real. Some look suspicious. And some creditors will demand a lot of money when they’re owed much less.
A probate lawyer sorts the real debt from the fake ones. They check what must be paid and what can be ignored. This helps protect the money for the people who are actually supposed to get it.
Taxes
Taxes feel like the trickiest part. Estates sometimes have to file them, and one small error can make the whole thing cost more than it should.
Most probate attorneys work with tax people, so nothing gets filed wrong. That way, the estate doesn’t lose money just because someone misunderstood a form.
Houses, Land, Businesses
Not everything is cash or small items. Some people leave behind houses, land, or even a business that still has people working in it. These things need appraisals, and sometimes families don’t agree on what should happen next.
A probate attorney coordinates the appraisers, handles the legal stuff, and keeps the arguments from turning into a second full-blown fight.
Mistakes With Paperwork
Probate has rules, deadlines, forms, and more deadlines. A probate attorney keeps the process on track. They make sure nothing is forgotten, and all the rules are followed, so the court doesn’t send things back.
Key Takeaways
- Probate is the system that settles someone’s belongings after they pass away.
- Families sometimes fight, which makes everything harder.
- Disputes about wills can send everyone to court if there’s no guidance.
- Paperwork mistakes cause delays in the whole process.
- Houston’s probate courts have their own rules, and attorneys know them well.
A good lawyer makes probate smoother, faster, and much less stressful.
Oliver Johnson is LawScroller’s Senior Legal Correspondent specializing in civil litigation, class actions, and consumer lawsuit coverage. He breaks down complex settlements and court decisions into clear, practical guidance for readers.