Houston Probate Lawyer

Probate and Estate Administration

If you have experienced the death of a family member and need assistance with the probate of a will, or have been named as an Executor in a Last Will and Testament, contact The Law Office of Jana Fay Bacarisse.   


Probate is the process whereby a last will and testament is proved up in court and a personal representative is appointed to wind up estate affairs.  We often hear of the difficulties involved in probate, however, this process does not have to be overwhelming and difficult.  


Please contact the Law Office of Jana Fay Bacarisse to make probate as simple as possible. Ms. Bacarisse will assist you in becoming the Administrator or Executor of an estate and will help you obtain letters testamentary or letters of administration as quickly as possible.  "Letters Testamentary" or "Letters of Administration" are the legal documents showing your authority to carry out estate matters.   


The firm will assist you in all matters to settle the estate.  For example, the estate Executor or Administrator has a duty to gather estate assets and pay estate debts.  The firm will be available to help you where needed and can possibly help save estate assets by legally avoiding certain estate debts.  Ms. Bacarisse will prepare deeds or other documents needed to transfer property and estate assets to beneficiaries and will help beneficiaries obtain clear title to estate assets.  The firm will also assist the Executor in funding testamentary trusts.  


Ms. Bacarisse encourages estate beneficiaries to resolve disputes to save expenses and avoid conflict; she will negotiate on your behalf and prepare family settlement agreements when necessary.  Jana Fay Bacarisse is knowlegeable about the Texas probate process and will guide you through probate as smoothly and efficiently as possible, saving you time and money.  


When a loved one passes away without a will


If you have a family member who has died without a will ("intestate") the firm can assist you with an heirship, which is the court proceeding where the decedent's heirs are officially determined.  After the heirs are determined, an Administrator can be appointed by the Court.   


We should all have an estate plan, including a properly drafted will, to transfer title to assets upon death and to pass possessions according to our wishes. Unfortunately, individuals often pass away without a last will and testament. In this instance, the estate will pass to the heirs of the Decedent, according to the rules of descent and distribution as set out in the Texas Estates Code.  The heirs of the estate must be legally determined in an "heirship" court proceeding.


If you have experienced the death of a family member who died without a will, The Law Office of Jana Fay Bacarisse can represent you in the heirship court proceeding and then assist you to become appointed as an Administrator or Personal Representative of the Estate. Ms. Bacarisse will assist you in filing an Application to Determine Heirship and will help you obtain letters of administration as soon as possible.  


If your spouse passed away without a will and he/she has children from a previous marriage or relationship, the children may be entitled to an interest in your home (if you owned the home as community property with your spouse). 


Texas Estates Code Sections 201.001 - 201.003 outline the rules of descent and distribution of separate and community property.  The laws are designed to represent the interest of all heirs of the Decedent, however, the distribution might not be the best for every family.  For example, if you are a surviving spouse and you and your deceased spouse owned a home purchased during marriage, if your deceased spouse has surviving children from a previous marriage or children who are not also your children, the children of your spouse will be entitled to a portion of the community interest in your home (although you are entitled to continue to occupy your home for life, if you wish.)    


Contact Houston probate attorney, Jana Fay Bacarisse, and put her knowledge of Texas probate to work for you.  To speak with Jana Fay Bacarisse, contact her by phone or email.