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In Texas, the probate process can be complicated and time-consuming. If you’re considering hiring a probate attorney, there are a few things you should keep in mind. In this blog post, we will explore what you need to know about hiring a Texas probate attorney. We will discuss the different types of probate, the benefits of hiring an attorney, and how to choose the right one for your needs.

What is probate?

There is no one-size-fits-all answer to the question of what is probate, as the process can vary somewhat from state to state. However, in general, probate is the legal process through which a deceased person’s assets are distributed to their heirs

If the deceased person left behind a will, the probate process will typically involve validating the will and then carrying out its provisions. If there is no will, or if the will is found to be invalid, the estate will be distributed according to the laws of intestate succession.

In either case, the probate process can be complex and time-consuming, which is why many people choose to hire an attorney to handle it for them. A qualified Texas probate attorney can help you navigate the process and ensure that everything is done correctly.

Who needs a probate attorney?

If you are the executor or administrator of an estate in Texas, most courts will require that you hire a probate attorney. A probate attorney can help you navigate the complicated process of settling an estate.

The first step in hiring a probate attorney is to determine whether you need one. If the estate is complex, or if there is potential for conflict among the heirs, it may be wise to hire an attorney.

Probate attorneys can help you with a variety of tasks, including:

-Filing the necessary paperwork with the court

-Notifying beneficiaries and creditors of the estate

-Identifying and valuing assets of the estate

-Paying debts and taxes from the estate

-Distributing assets to beneficiaries

What are the benefits of hiring a probate attorney?

There are many benefits to hiring a probate attorney, especially if you are facing the death of a loved one. Probate attorneys can help you navigate the complex process of probate and estate administration, ensuring that your loved one’s final wishes are carried out. They can also help you resolve any disputes that may arise during the probate process.

In addition to their legal expertise, probate attorneys can also provide valuable emotional support during this difficult time. They can help you understand the Texas Estates Code and all of the legal jargon associated with it, so that you can make informed decisions about your loved one’s estate. They can also help you deal with creditors and other interested parties, so that you can focus on grieving and moving forward.

If you are facing the death of a loved one, don’t try to go through the probate process alone. Hire a qualified Texas probate attorney to help you through this difficult time.

About Attorneys Fees

When you are hiring a Texas probate attorney, it is important to know about attorneys fees. In most cases, attorneys will charge by the hour. However, some may charge a flat fee or a contingency fee.

Probate attorneys generally charge for their services.  They are able to set their own rates, but the attorney professionalism rules say that the fee has to be reasonable.  

Whether a fee is reasonable depends on the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly, and whether the attorney is foregoing other work to work on the client’s matter.

For dependent administrations, the court has the ability to determine whether attorney fees are reasonable.  Many courts set a range of hourly rates that are considered reasonable. These rates are often set out in written policies and available on the court’s website.  For example, the Harris County Probate Courts provide a range of rates based on the attorney’s experience handling probate and guardianship matters. The top rate is currently $350 per hour.  

The court does not have this power in independent administrations.  Thus, attorneys and their clients are free to negotiate any reasonable amount and fee structure, such as hourly, fixed, or contingent fees.

Hourly Fees

In general, hourly fees will range from $300 to $500 per hour. The actual amount you are charged will depend on the attorney’s experience and the complexity of your case. It is important to ask for an estimate of how many hours the attorney expects to work on your case before you agree to hire them.

Fixed Fees

Some attorneys may charge a flat fee for their services. This means that they will charge one set price, regardless of how many hours they end up working on your case. Flat fees are less common in probate cases, but may be an option in some situations.

Contingency Fees

In some cases, attorneys may charge a contingency fee. This means that they will only get paid if they are successful in winning your case. If you lose, you won’t have to pay the attorney anything. Contingency fees are often used in personal injury cases, but can also be used in other kinds of cases as well.

Costs/Expenses

In addition to their hourly or flat rate, most attorneys will charge for costs associated with your case as well. These costs can include things like filing fees and expert witness fees. In some cases, these costs can be quite high. Be sure to ask about them when you are talking to an attorney about your case.

How to find a good probate attorney in Texas

When it comes to finding a good probate attorney in Texas, there are a few things you need to keep in mind. First and foremost, you want to make sure that the attorney you hire is experienced and knowledgeable in handling probate cases in Texas. There are a number of ways to go about doing this, but perhaps the best way is to ask around for recommendations from friends or family who have recently gone through the probate process in Texas.

Another thing to keep in mind is that you want to find an attorney who charges reasonable fees. Probate can be a costly process, so you don’t want to spend more than necessary on legal fees. Be sure to get quotes from several different attorneys before making your final decision.

Finally, when choosing a probate attorney in Texas, it’s important to find someone who you feel comfortable working with. This is particularly important if you anticipate any conflict during the probate process. You want to be confident that your attorney will be able to effectively represent your interests and advocate on your behalf.

Attorneys With Varied Experience

While the attorney professionalism rules generally do not allow attorneys to say that they specialize in certain issues or matters, probate attorneys generally do focus on certain issues or matters.  For example, the attorney may focus on estates that will be contested, estates that involve minor heirs and guardianships, estates that have significant business or investment assets, estates that have significant tax issues, etc.  It can be helpful to hire a specialist probate attorney for these non-standard estates.

Conclusion

If you find yourself in the position of needing to hire a Texas probate attorney, there are a few things you should keep in mind. First, make sure you find an attorney who is experienced and knowledgeable in the area of probate law. Second, be sure to ask for referrals from friends or family members who have used a probate attorney in the past. Finally, be sure to shop around and compare prices before hiring an attorney so that you can get the best possible value for your money.

Do you need an Experienced Probate Attorney to help?

If you have recently lost a loved one, you may be wondering if you need to hire a probate attorney. While the probate process can be complex, an experienced probate attorney can help ensure that the process goes smoothly.

An experienced probate attorney can also help resolve any disputes that may arise during the probate process. If you are considering hiring a probate attorney, be sure to ask about their experience and qualifications.

While the attorney professionalism rules generally do not allow attorneys to say that they specialize in certain issues or matters, probate attorneys generally do focus on certain issues or matters.  For example, the attorney may focus on estates that will be contested, estates that involve minor heirs and guardianships, estates that have significant business or investment assets, estates that have significant tax issues, etc.  It can be helpful to hire a specialist probate attorney for these non-standard estates.

Call us today for a FREE attorney consultation. (281) 219-9090.

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