Navigate Probate - Gilson Law Firm PLLC

Probate Attorney in Schertz & Cibolo, TX

Helping Families Navigate the Texas Probate Process

Losing a loved one is difficult enough without also having to determine what happens to their property, financial accounts, debts, and other assets.

In many situations, some form of legal action may be necessary to transfer property, establish ownership, address outstanding debts, or administer an estate after someone passes away.

At Gilson Law, we help families in Schertz, Cibolo, and surrounding communities throughout Guadalupe, Comal, and Bexar Counties understand their options and navigate the Texas probate process with greater confidence.

Whether your loved one left a valid will or passed away without one, our goal is to help you determine the appropriate path forward while making an already difficult time a little easier to manage.

What Is Probate in Texas?

Probate is the legal process used to address a person’s estate after they pass away. Depending on the circumstances, this may involve proving a will, appointing an executor or administrator, identifying heirs, addressing debts and claims, and ultimately transferring estate property to the people legally entitled to receive it.

Not every estate requires the same type of probate proceeding.

The appropriate approach can depend on several factors, including whether there is a valid will, the types and value of property involved, how assets are titled, the debts of the estate, and whether there are questions regarding the identity of the deceased person’s heirs.

Gilson Law can review your family’s circumstances and help determine which probate option may be appropriate.

Probate Services We Provide

Gilson Law assists existing clientele and a limited number of new clients with a variety of Texas probate and estate administration matters, including:

Probate of a Will / Letters Testamentary

When someone passes away with a valid will, the will may need to be admitted to probate so the person named as executor can receive legal authority to administer the estate.

Letters Testamentary provide evidence of the executor’s authority and may be necessary when working with financial institutions, transferring property, managing estate assets, and handling other affairs of the estate.

Muniment of Title

In certain circumstances, a Muniment of Title may provide a more streamlined way to probate a will and transfer estate property without a traditional ongoing estate administration.

Whether this option is available depends upon the specific circumstances of the estate.

Small Estate Affidavit

Certain estates may qualify for a Small Estate Affidavit, which can provide an alternative to a full probate administration when Texas requirements are satisfied.

We can help determine whether an estate qualifies and guide families through the appropriate process.

Affidavit of Heirship

An Affidavit of Heirship may be used in certain circumstances to establish family and ownership history, particularly when real estate is involved and a person passed away without completing the necessary transfer of the property.

Determination of Heirship

When someone passes away without a will, it may be necessary for a Texas probate court to legally determine who the deceased person’s heirs are.

A Determination of Heirship can establish the individuals legally entitled to inherit under Texas law and may be an important step before estate property can be distributed.

What Does an Executor Do in Texas?

Being named executor of an estate can feel like an honor, but it also comes with significant responsibilities.

Depending upon the type of administration and the estate involved, an executor may be responsible for identifying and protecting estate property, addressing debts and claims, communicating with beneficiaries, handling financial matters, and ultimately distributing assets according to the will and Texas law.

Texas also permits independent administration in qualifying estates, which can reduce the amount of ongoing court involvement required during administration.

If you have been named an executor and aren’t sure what you’re supposed to do next, you don’t have to figure it out alone.

Gilson Law can help you understand your responsibilities and the steps involved in administering a Texas estate.

What Happens When Someone Dies Without a Will in Texas?

Dying without a valid will is known as dying intestate.

When this occurs, the deceased person’s property does not simply become available for family members to divide however they choose. Texas intestacy laws determine who is legally entitled to inherit, and a court proceeding may be necessary to establish the deceased person’s heirs.

The process can become especially important when an estate includes:

Real estate • Multiple heirs • Children from different relationships • Outstanding debts • Unclear property ownership • Family disagreements

Determining the proper heirs and establishing clear ownership can prevent uncertainty from following a family—and its property—for years.

Does Every Estate Have to Go Through Probate?

Not necessarily.

Texas provides several methods for addressing property after someone passes away, and a traditional probate administration isn’t appropriate in every situation.

Depending upon the estate, options could potentially include a Small Estate Affidavit, Affidavit of Heirship, Muniment of Title, probate of a will, or another appropriate legal procedure.

That’s why one of the most useful first steps is determining what actually needs to be done before starting a probate case.

Our firm can review the circumstances surrounding the estate and help identify an appropriate path forward.

Probate & Real Estate

Real estate is one of the most common reasons families discover that they need assistance after a loved one passes away.

A house or parcel of land may still be titled in the deceased person’s name even though everyone in the family believes they know who is supposed to inherit it.

That can create problems when heirs eventually want to:

Sell the property • Refinance it • Transfer ownership • Obtain clear title • Divide property among heirs

Gilson Law’s work in both probate and real estate matters allows us to help families understand the legal steps that may be necessary to establish ownership and move property forward.

Local Probate Guidance for Schertz, Cibolo & Surrounding Communities

When you’re dealing with the loss of a family member, working with a local attorney can make an unfamiliar legal process feel much more manageable.

Gilson Law is located in Schertz, Texas, and serves families throughout the surrounding area, including Schertz, Cibolo, Selma, Universal City, New Braunfels, and communities throughout Guadalupe, Comal, and Bexar Counties.

Our approach is centered on helping clients understand their options, identify the appropriate legal process, and move through the estate as efficiently as the circumstances allow.

You don’t have to become an expert in Texas probate law.

You simply need to know what the next step should be.

Talk With a Schertz Probate Attorney

If a loved one has passed away and you’re unsure what needs to happen with their will, property, debts, or estate, Gilson Law can help you understand your options.

From probating a will and obtaining Letters Testamentary to heirship proceedings, Small Estate Affidavits, Affidavits of Heirship, and Muniments of Title, we’ll help determine the appropriate path based on your family’s circumstances.

Serving Schertz, Cibolo and surrounding communities throughout Guadalupe, Comal and Bexar Counties.

210-566-6700

info@gilson.law