Probate & Estate Administration

When a loved one dies, there is often an overwhelming list of things to do at a time of immense grief. If your loved one owned property, no matter how little, there may be legal steps you have to take to properly transfer their assets. At Hubbard + Rotthier, we are experienced in representing families through the administration of a loved one’s estate.

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property under a will, or if no will exists, under state law. A probate court decides the validity of a testator’s will, appoints an executor or administrator of the estate when administration is required, and adjudicates the interests of heirs and other parties who may have claims against the estate. It may sound daunting, but it does not have to be.

There are several methods of handling an estate, including:

• Probating a Will and obtaining Letters Testamentary when there is a will and independent administration of the estate is requested.
• Independent Administration when there is no will (or a will without a viable named executor) and independent administration of the estate is requested.
• Dependent Administration when administration is necessary but court approval is required before the personal representative can act.
• Probating a Will as a Muniment of Title when there is a Will and a need to transfer assets to the Will’s beneficiaries, but there is no need for administration of the estate.
• Small Estate Affidavit when there is no Will and no need for administration of the estate.
• Heirship Determination Without Administration when there is no will and no need for administration of the estate.

In some cases, probate and court involvement may be avoided by using an Affidavit of Heirship and/or a Family Settlement Agreement.

It is important that you understand the probate process and the options available to you. Our firm can guide you through this process during what is always a difficult time. We can help you determine whether probate is necessary, and if so, select the most appropriate and cost-effective probate procedure. We probate estates in Harris, Montgomery, and surrounding counties.