Letter From a Probate Attorney

Did You Receive a Letter from a Probate Attorney?

There are a number of reasons why a probate attorney may have sent you a letter. They range from notice of probate filings and inquiries looking for information to demands that you take certain actions, such as returning probate property or bank records.

Common Reasons for Probate Letters

Here are the more common reasons for a probate attorney to send written correspondence:

1. The probate attorney may be trying to locate the original version of the decedent’s will.
2. The probate attorney may be trying to locate missing heirs.
3. The estate may need to notify will benefices or, in the absence of a will, the decedent’s heirs of the probate filing.
4. If there is no will, the personal representative may need the heirs consent to handle the probate as an “independent administration.”
5. If there is no will, the personal representative has to notify joint owners of property that it is asking the court to determine the decedent’s heirs.
6. If there is no will, the personal representative has to serve notice on the heirs. Similarly, if there is a will but the probate is commenced more than four years after death, the personal representative has to serve notice on the heirs.
7. Texas law requires the administrator to notify the beneficiaries of a will after the will is admitted to probate.
8. The estate will usually send creditors or would-be creditors notice that they should submit a claim for money.
9. The estate may be seeking to make distributions and want to solicit a receipt or release.
10. The will beneficiaries or heirs may have some legal complaint about you or be asking you to turn over probate property.

There can be significant consequences of responding or not responding to letters in these situations. You should have your own probate attorney review the letter to determine if and how to respond.

Case Study: Letter Asking for a Will

You receive a letter from a probate attorney in Houston, asking if you have a copy of the last will and testament for your friend, John, or know if he had a will. You do recall that John sent you a copy of his will several years ago as he intended to leave you his guns and right to use his property for hunting. You opt to not respond, but later in going through your emails, you happen across the John’s will. In reading it, you note that John left his entire estate to you and to his grandchildren. The will was not probated and more than two years have passed. Chances are, if the surviving children filed for probate, you may have lost your ability to probate this will. Worse yet, the grandchildren may have lost out on their inheritance as well.

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate administrations. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.

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Disclaimer:  The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.

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