The Advantages Of An Uncontested Probate Case In Texas

In this article, you can discover…

• How uncontested probate can help settle an estate in less time.
• The financial benefits of uncontested probate.
• How an attorney can help your family avoid the possible risks of contested probate.

Uncontested Probate Helps Families Settle An Estate Faster

Uncontested probate means that everyone is in agreement on who can be designated to go and get things done. This naturally allows for a faster process, as establishing a dependent administration can add years to the timeline.

Recently, we worked with a couple where everything was going to move forward uncontested, and then suddenly, that changed. Out of 37 heirs, one person decided not to allow it, and we are currently in year three of trying to work this out. If the contesting party had agreed to sign, however, we could have taken care of their case in a few days or months.

The secondary benefit of uncontested probate is in the cost. Navigating a contested probate and establishing a dependent administration will lead to extended court time and require far more expenses. Having to talk to the judge every time you want to get anything done means consulting with your attorney to draft a motion, and this can more than quadruple your costs.

Uncontested Probate Offers Certain Financial Advantages To Families

With uncontested probate, you will not need to consult with your attorney or request permission to get things done. However, you will need to file a motion to appear before the court and receive permission to address any concerns in a contested probate, which can become rather complicated. You will also need to report back to the court once you have completed your proposed changes, which can continue to drive up your costs.

Emotional Burdens Can Be Eased Through Uncontested Probate

Contesting probate essentially adds unnecessary time and money to your estate settlement process. The hearings and court appearances that are required to settle any disputes can be emotionally exhausting and mentally taxing. You are discussing very sensitive matters regarding the death of a loved one and hearing out familial grievances in a courtroom. Making arrangements for uncontested probate allows you to bypass this emotionally intense process.

Attorney Richard Cahan is a seasoned lawyer based in Travis County, TX who has helped countless clients just like you navigate the intricacies of estate planning. With 9 years of licensed legal experience, Attorney Cahan is fully prepared to help you navigate probate so that you can find a peaceful resolution and avoid unnecessary conflict with your loved ones.

Still have questions? Ready to get started? Contact the Law Office of Richard Cahan today to schedule an initial consultation.

Uncontested Probate Is Often The Best Outcome For Families With Straightforward Estates

The primary reason that a straightforward estate would be contested is if the heirs are unable to reach a peaceful resolution, in which case you may have to appoint co-executors from a series of factions. This can be a complicated process, but is still easier and often cheaper than a dependent administration.

How Can Families Avoid The Risks Or Uncertainties Of Contested Probate With Better Preparation?

Planning your estate is the better preparation we are referring to here, and a properly planned estate leaves little room for questioning. This is because if you are able to point to a clearly worded estate plan and say, “This is what’s going to happen”, then it is unlikely that other parties will be able to question you. However, it is possible that the capacity of the deceased individual may come into question when trying to decide if they were mentally sound when planning their estate.

The primary risk associated with improper estate planning is that this allows the state to determine how the estate will be settled. However, there are arguments that can be made against this, especially in common-law marriages. To counter these arguments, you will have to establish a common-law marriage.

It is important to note that if someone decides that it is worth contesting the estate, it is possible that they will use up all of the assets in the fight. This means that nobody will receive anything at the end of the day.

What Common Myths About Uncontested Probate Should Families Be Aware Of?

A common myth that I often hear is that either the executor is going to take control of the estate and sell everything or that a creditor (such as Medicaid) will step in to seize all of the assets. This will not be the case, as either the heirs will agree to appoint an administrator or the person who passed away has already elected an executor. Being as the executor is often an heir themselves, the concern that an unknown executor will come in and take everything is a common misconception.

How Can My Family Improve The Likelihood Of Achieving Uncontested Probate?

The primary way you can improve your likelihood of uncontested probate is by planning the estate of your loved one before they pass away. This will keep everyone informed of the plans and allow them to discuss any concerns before the need arises. If there is no need to discuss concerns, creating an estate plan ahead of time will help to keep communication and expectations clear.

Still Have Questions? Ready To Get Started?

For more information on Uncontested estate administration in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 843-8955 today.