FAQs

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.

Letters Testamentary or Letters of Administration are documents generated by the County Clerk in a probate case in Texas. Obtaining these Letters requires a probate application, certain paperwork, and a hearing in court. An attorney generally must be involved in this process, preferably one experienced in probate law.

Fees for a probate lawyer’s services vary substantially depending on the attorney and the case. Ramsey Law, PLLC believes in transparency when it comes to fees. More information about our fees can be found [here]. Most of Ramsey Law’s services are billed on a flat fee based on the anticipated complexity and time involved, though hourly fees can also apply, depending on the situation. Ramsey Law fees are designed to cover not only attorney fees, but also court costs and other ancillary costs related to the legal matter. This is done to reduce the risk of big surprise expenses. Ramsey Law offers competitive and reasonable prices because it is ethical to charge reasonable fees.

Probating a Will is a complicated and very specific legal process. In some cases, it may be possible to probate a Will without involving a lawyer. This is typically limited to situations where there is no need for an executor or administrator, no third party is asking for Letters Testamentary or Letters of Administration, there are no financial assets (bank accounts, investments, uncashed checks) in the estate, and there are no unpaid debts. Whenever an executor or administrator is appointed, an attorney is required. Regardless of the situation, it is best to consult with an experienced probate attorney before taking any action related to a Will or estate. An attorney can advise as to your options. Choosing the wrong path because it is cheaper or choosing not to act at all could end up costing significantly more money in the long run. Failure to take action before the fourth anniversary of someone’s death could limit options and increase costs dramatically.

A probate lawyer can assist in a variety of matters related to a person who is incapacitated or deceased. This could involve helping to probate a Will in court; determining the legal heirs of someone without a Will (or with a Will that fails to distribute all property of the deceased); preparing a Small Estate Affidavit or Affidavit of Heirship; negotiating and drafting an agreement between heirs or beneficiaries; drafting deeds; dealing with third parties (banks, creditors, witnesses, co-owners, family, etc.); negotiating, reducing, or even eliminating a decedent’s debt; obtaining legal guardianship; removing and/or appointing a successor executor, administrator, or guardian; helping to collect property; evicting tenants or squatters; drafting leases; preparing estate planning documents; assisting with the complications that arise when minor child or disabled person is received an interest in an estate, and a myriad of other services.

Probate is a court process involving a deceased person’s estate. Probate is generally necessary to enforce a Will, officially determine a decedent’s legal heirs, and/or appoint a legal representative to the estate.

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer:

• What are your fees? Do you charge a flat fee or hourly? What is included in your flat fee or retainer?
• What is the typical total cost of this process given the facts of my case?
• Will I be subject to additional costs or expenses?
• How long have you been practicing in this area of law?
• What other types of law do you handle?
• What percentage of your cases are probate/estate planning?
• How long do you expect the process to take in my situation?
• How easy is it to get a hold of you if I have questions or need an update on my case?
• Please explain the process.
• What are my options?

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.

Letters Testamentary or Letters of Administration are documents generated by the County Clerk in a probate case in Texas. Obtaining these Letters requires a probate application, certain paperwork, and a hearing in court. An attorney generally must be involved in this process, preferably one experienced in probate law.

Fees for a probate lawyer’s services vary substantially depending on the attorney and the case. Ramsey Law, PLLC believes in transparency when it comes to fees. More information about our fees can be found [here]. Most of Ramsey Law’s services are billed on a flat fee based on the anticipated complexity and time involved, though hourly fees can also apply, depending on the situation. Ramsey Law fees are designed to cover not only attorney fees, but also court costs and other ancillary costs related to the legal matter. This is done to reduce the risk of big surprise expenses. Ramsey Law offers competitive and reasonable prices because it is ethical to charge reasonable fees.

Probating a Will is a complicated and very specific legal process. In some cases, it may be possible to probate a Will without involving a lawyer. This is typically limited to situations where there is no need for an executor or administrator, no third party is asking for Letters Testamentary or Letters of Administration, there are no financial assets (bank accounts, investments, uncashed checks) in the estate, and there are no unpaid debts. Whenever an executor or administrator is appointed, an attorney is required. Regardless of the situation, it is best to consult with an experienced probate attorney before taking any action related to a Will or estate. An attorney can advise as to your options. Choosing the wrong path because it is cheaper or choosing not to act at all could end up costing significantly more money in the long run. Failure to take action before the fourth anniversary of someone’s death could limit options and increase costs dramatically.

A probate lawyer can assist in a variety of matters related to a person who is incapacitated or deceased. This could involve helping to probate a Will in court; determining the legal heirs of someone without a Will (or with a Will that fails to distribute all property of the deceased); preparing a Small Estate Affidavit or Affidavit of Heirship; negotiating and drafting an agreement between heirs or beneficiaries; drafting deeds; dealing with third parties (banks, creditors, witnesses, co-owners, family, etc.); negotiating, reducing, or even eliminating a decedent’s debt; obtaining legal guardianship; removing and/or appointing a successor executor, administrator, or guardian; helping to collect property; evicting tenants or squatters; drafting leases; preparing estate planning documents; assisting with the complications that arise when minor child or disabled person is received an interest in an estate, and a myriad of other services.

Probate is a court process involving a deceased person’s estate. Probate is generally necessary to enforce a Will, officially determine a decedent’s legal heirs, and/or appoint a legal representative to the estate.

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer:

• What are your fees? Do you charge a flat fee or hourly? What is included in your flat fee or retainer?
• What is the typical total cost of this process given the facts of my case?
• Will I be subject to additional costs or expenses?
• How long have you been practicing in this area of law?
• What other types of law do you handle?
• What percentage of your cases are probate/estate planning?
• How long do you expect the process to take in my situation?
• How easy is it to get a hold of you if I have questions or need an update on my case?
• Please explain the process.
• What are my options?