Real Estate Attorney – Located in San Antonio Texas
JD GARZA
JD GARZA
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Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Dan Diaz
Dan Diaz
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Excellent atty. Highly recommendable. Quick & knowledgable.
Larry Offutt
Larry Offutt
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I have used the firm in both purchasing & sell transactions. each time was a pleasure.

Simple probate (Died with a will)

A will is a legal instrument stating how the testator’s property is to be distributed at death. Whether you have a handwritten or typed will, its validity must be proven in court. This is called the probate process. If a will is handwritten, it is sometimes hard to prove the validity in court. There are many requirements it must pass. One requirement is that the will has to have two witnesses who can attest to its validity. A will that is not proven in court is denied probate. In that case, the estate is passed to heirs as if a will never existed. This is a challenging predicament for family. Property will go to the closest living relative to the deceased which can sometimes be 4-10 people. It is hard to get siblings, cousins, aunts and uncles to agree. Plus, you have to consider their spouses and living tenant agreements. If a person has an agreement someone who dies, then the estate takes over. The executor of the estate does not have to uphold their agreement. Price: $1,800 (Setup an appointment here)

In this video:

  • What are your first steps for a simple probate? 
  • How can I determine if a probate is simple or complex? 

Table of Contents

Will I need to go through the probate process?

Many times a surviving spouse opts out of probating the estate of the deceased spouse. This is because all or most of the deceased’s assets pass to the surviving spouse outside of the probate process. Here are six types of assets to inventory for probate:

  • Joint accounts with rights of survivorship;
  • Assets with designated beneficiaries, including retirement accounts, IRAs, and life insurance policies;
  • Assets owned with a pay on death (P.O.D.) designation;
  • Assets owned with a transfer on death (T.O.D.) designation;
  • Real property owned as tenants by the entirety; and
  • Assets owned by the trustee of a deceased’s revocable trust.

Property passed through contracts includes life insurance proceeds, IRAs, and employee benefit plan proceeds. These include the proceeds payable under a pension, profit-sharing, or employee retirement plan. The contracts signed beforehand designating beneficiaries override who’s named in a will. If there are assets of the estate outside of these designations, then a probate might be necessary.

Who files the probate in my family?

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In order to ensure that all estate property is fully and efficiently distributed, it is recommended that the surviving spouse probate the will. The Texas Estates Code only provides four (4) years to probate a will. After four (4) years, all heirs must be notified of any attempt to probate a will, which often leads to complications.
Anyone can apply for probate. It is determined in court if that person is named the administrator. The timeline for the entire probate process can take months and sometimes years. If it is not clearly handled and expectations are not set in the beginning, this can lengthen the process.

A person cannot be the administrator of a will if they fall into one of the categories below:

a) An incapacitated person;
b) A convicted felon, unless such person has been duly pardoned, or his or her civil rights restored;
c) A non-resident of the State of Texas who has not appointed a resident agent to accept
service of process in all actions or proceedings with respect to the estate;
d) A corporation unauthorized to act as a fiduciary in the State of Texas; or
e) A person the court finds to be unsuitable.

The probate process is a necessary process in many cases, but there are occasions when probate is not the best option. In nearly all courts, it is a requirement to have a lawyer represent you.

FAQ

During normal circumstances it can take 1-3 months and even longer. During COVID, it can take an uncertain amount of time.

We can determine if you have a complex probate by knowing the assets in the estate. If you have millions in assets, that would be complex. Call us and we can determine how complex your probate will be.

It can cost tens of thousands of dollars for a complex probate. Call us to see if your probate will have simple fees, or if your case is more complex.

View Other Types of Probate & Estate Planning Transactions

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
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Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.  Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 
Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Previous
Next

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Contact

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Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Contact

Fields marked with an * are required

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

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