Did You Receive a Letter from a Probate Attorney?
There are a number of reasons why 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:
- The probate attorney may be trying to locate the original version of the decedent’s will.
- The probate attorney may be trying to locate missing heirs.
- The estate may need to notify will benefices or, in the absence of a will, the decedent’s heirs of the probate filing.
- If there is no will, the personal representative may need the heirs consent to handle the probate as an “independent administration.”
- 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.
- 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.
- Texas law requires the administrator to notify the beneficiaries of a will after the will is admitted to probate.
- The estate will usually send creditors or would-be creditors notice that they should submit a claim for money.
- The estate may be seeking to make distributions and want to solicit a receipt or release.
- 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.
Hire an Experienced Probate Attorney
We are experienced probate attorneys who represent clients with sensitive probate matters.
Do you need help with a probate matter in Houston-metro area or the surrounding communities?
If so, please give us a call us at (281) 219-9090 to see how we can help.