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The Voeller Law Firm

210-985-2741

Serving The People Of San Antonio For More Than 40 Years

Attorney James N. Voeller, Rebecca L. Jaroszewski and Rebekah Meeks Schement

San Antonio Probate Attorneys

Last updated on May 2, 2025

Serving Individuals And Families In The San Antonio, Texas, Area

Dealing with the probate process can be overwhelming, especially during a time of grief. At The Voeller Law Firm, we provide compassionate and knowledgeable legal assistance to help you navigate the complexities of probate in San Antonio. This guide aims to inform you about probate, its importance and the services we offer to make the process smoother for you and your family.

Understanding Probate

Probate is the process where a judge validates the will, gives it legal effect and officially appoints the executor nominated in the will. Until the will is probated and the court appoints the executor, the named executor has no legal ability to transfer assets.

Why Probate Is Important

Legal Validation of the Will. Probate validates the deceased person’s will, ensuring it is legally binding and that the decedent’s wishes are honored. This step prevents potential disputes over the will’s authenticity and content.

Debt Settlement. Probate ensures all outstanding debts and taxes of the deceased are paid before distributing the assets to the beneficiaries. This step protects the beneficiaries from inheriting debts and provides a clear financial resolution.

Asset Distribution. Through probate, the decedent’s assets are distributed according to their will or, if no will exists, according to state intestacy laws. This ensures a fair and orderly transfer of the estate.

The Probate Process

Filing the Petition. The probate process begins with filing a petition with the probate court to open the estate. This petition includes submitting the deceased’s will (if one exists) and requesting the court to appoint an executor or administrator to oversee the estate.

Notifying Heirs and Creditors. Once the probate process is initiated, heirs and creditors must be notified. This notification gives creditors the opportunity to make claims against the estate and allows heirs to contest the will if necessary.

Inventorying the Estate. The executor or administrator is responsible for inventorying all the decedent’s assets, including real estate, bank accounts, investments, personal property and any other valuable items. This inventory is submitted to the court as part of the probate process.

Appraising the Estate. Some assets may require professional appraisal to determine their fair market value. This step ensures accurate reporting of the estate’s value and helps in the equitable distribution of assets.

Paying Debts and Taxes. Before distributing the estate to the beneficiaries, all outstanding debts and taxes must be paid. This includes paying off credit card debts, mortgages and any other liabilities, as well as filing the deceased’s final income tax returns and paying any estate taxes due.

Distributing the Assets. After all debts and taxes have been settled, the remaining assets are distributed to the beneficiaries according to the will or state law. The executor or administrator oversees this process to ensure it is done correctly and fairly.

Common Challenges In Probate

Disputes Among Heirs. Disputes among heirs can complicate the probate process. These disputes may arise over the validity of the will, the distribution of assets or the appointment of the executor. Our attorneys at The Voeller Law Firm are skilled in mediation and negotiation to help resolve conflicts amicably.

Contested Wills. A will can be contested on various grounds, such as claims of undue influence, fraud or lack of mental capacity. Contesting a will can prolong the probate process and create additional stress for the family. Our legal team provides robust representation to defend the validity of the will and uphold the decedent’s wishes.

Complex Estates. Probate can be particularly challenging for complex estates with multiple properties, business interests or significant debts. Our attorneys have extensive experience handling complex estates and can guide you through the intricacies of the probate process.

How The Voeller Law Firm Can Help

Experienced Legal Guidance. Navigating the probate process requires knowledge of Texas probate laws and meticulous attention to detail. Our attorneys provide clear and concise legal guidance to help you understand each step of the process and make informed decisions.

Compassionate Support. Dealing with the loss of a loved one is never easy. Our team offers compassionate support, handling the legal complexities so you can focus on what matters most – honoring your loved one’s memory and supporting your family.

Efficient Probate Management. We understand the importance of resolving probate matters efficiently. Our attorneys work diligently to expedite the process, minimizing delays and ensuring the estate is settled as quickly as possible.

Why Choose The Voeller Law Firm?

At The Voeller Law Firm, we offer:

  • Dedicated legal counsel. Our attorneys provide personalized attention to ensure your probate process is handled with care and precision.
  • Comprehensive support. From filing the initial petition to distributing assets, we provide thorough legal support every step of the way.
  • Commitment to your interests. We are committed to protecting your interests and ensuring the probate process respects the wishes of the deceased and the rights of the beneficiaries.

The Help You Need

If you need assistance with probate in San Antonio, The Voeller Law Firm is here to help. Contact us today – visit our website or call 210-985-2741 to schedule a consultation with one of our experienced probate attorneys. Let us provide the legal support you need to navigate the probate process with confidence and peace of mind.