Probate

The probate process can be overwhelming, emotional, and confusing, especially during a time of grief. At Ace Law, attorney Kevin Acevedo is dedicated to helping families navigate probate with clarity, efficiency, and compassion. Whether you are an executor handling a loved one’s estate or a family member seeking guidance, Ace Law provides the legal support you need to complete probate smoothly and in full compliance with Texas law.

What Is Probate?

Probate is the legal process used to settle a deceased person’s estate. It involves validating the will, paying debts and taxes, and distributing assets to the rightful heirs. In Texas, probate can be relatively straightforward with the right guidance—but without proper legal support, the process can become lengthy, stressful, and costly.

Probate ensures:

• The will is valid under Texas law.
• Creditors and taxes are properly handled.
• Assets are distributed to the correct beneficiaries.
• A court-appointed representative (the executor) carries out the estate duties.

Ace Law works closely with executors and families to make sure the process goes as smoothly as possible.

When Is Probate Required?

In Texas, probate is required when a person dies owning assets that do not transfer automatically to someone else. This includes:

• Property titled solely in the deceased person’s name
• Bank accounts without a payable-on-death beneficiary
• Real estate without survivorship rights
• Personal valuables and collections
• Vehicles or investments
• Businesses or ownership interests

Some assets bypass probate automatically, such as:

• Life insurance policies with named beneficiaries
• Retirement accounts (401k, IRA, etc.)
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Property owned jointly with right of survivorship

Attorney Kevin Acevedo helps determine which assets must go through probate and which can transfer outside the process.

Types of Probate in Texas

Texas offers several probate options depending on the size and complexity of the estate. Choosing the right approach can save time and money.

1. Independent Administration

This is the most common and efficient form of probate in Texas. Once appointed, the executor can manage most estate tasks without constant court supervision, making the process faster and less expensive.

2. Dependent Administration

Used when the estate is contested or complex. The court oversees every step, and the executor must seek approval for most actions. While more secure, it is also more costly and time-consuming.

3. Muniment of Title

A fast and cost-effective option when:

• There is a valid will
• The estate has no debts except a mortgage
• No administration is required

This process is often completed in a matter of weeks rather than months.

4. Small Estate Affidavit

If the deceased did not leave a will and the estate is worth $75,000 or less (excluding the homestead), this simplified process may be available.

5. Affidavit of Heirship

A method used for transferring real estate when no formal probate is necessary. It establishes the heirs of the deceased and can help clear title to property.

Ace Law analyzes your situation to determine the most efficient and legally appropriate probate path.

Duties of an Executor or Administrator

Being named executor is an honor—but also a significant legal responsibility. Many executors underestimate the work involved and quickly become overwhelmed. Ace Law provides step-by-step guidance to help executors fulfill their duties properly.

An executor must:

• File the will with the probate court
• Notify beneficiaries and heirs
• Inventory all estate assets
• Secure property and valuables
• Notify and pay creditors
• Handle claims against the estate
• File taxes, if required
• Distribute assets to beneficiaries
• File final accountings with the court

Mistakes can lead to delays, financial penalties, or personal liability. With the legal support of attorney Kevin Acevedo, executors can confidently manage each step while avoiding common pitfalls.

How Long Does Probate Take in Texas?

The timeline varies depending on:

• Whether the will is contested
• The type of probate chosen
• The complexity of the estate
• The number of creditors
• Whether beneficiaries are in agreement

Most independent administrations are completed in 6 to 12 months, while more complex estates can take longer. Muniment of Title cases may be completed in weeks.

Ace Law works diligently to minimize delays and streamline each phase of the process.

Common Probate Challenges

Probate can become complicated when issues such as the following arise:

• Missing or unclear wills
• Disputes among heirs
• Allegations of undue influence or lack of capacity
• Creditor claims
• Unlocated beneficiaries
• Real estate with unclear title
• Business ownership disputes
• High levels of debt

Ace Law is experienced in resolving these challenges efficiently, protecting the estate, and ensuring that legal requirements are met.

Contested Wills and Probate Litigation

Unfortunately, disagreements sometimes arise during probate. When disputes occur, legal representation is essential to protect your rights.

Common reasons for probate litigation include:

• Claims the will is invalid
• Executor misconduct
• Unequal or unclear asset distribution
• Disputes over property ownership
• Beneficiary disagreements

Attorney Kevin Acevedo handles contested probate matters with professionalism and strategic planning, always focusing on achieving the best possible outcome for clients.

Avoiding Probate Through Planning

Many families choose to prepare in advance to avoid probate altogether. With proper estate planning, you can reduce or eliminate the need for court involvement.

Avoiding probate may include:

• Creating a Living Trust
• Using Transfer-on-Death Deeds (TODDs) for real estate
• Assigning POD or TOD beneficiaries to bank accounts
• Ensuring life insurance and retirement accounts have updated beneficiaries
• Using joint ownership with survivorship rights

Ace Law can help you build a proactive plan that protects your family and prevents complications later on.

Why Choose Ace Law for Probate Services?

At Ace Law, we understand that probate is more than a legal process—it is a deeply personal and emotional time for families. Attorney Kevin Acevedo provides:

• Clear explanations free of confusing legal language
• Step-by-step guidance throughout the process
• Skilled representation in both simple and contested probate
• Efficient solutions designed to save time and reduce stress
• Compassionate support for families during a difficult period

Our commitment is to ensure that your loved one’s estate is handled with respect, accuracy, and care.

Conclusion

Probate can be complex, but you do not have to face it alone. With the help of Ace Law and attorney Kevin Acevedo, you can navigate the legal requirements, protect your family’s interests, and resolve the estate efficiently. Whether you need support with estate administration, will validation, or probate litigation, Ace Law is here to guide you every step of the way.