Probate & Estate Administration Attorney in Wise County -
Marilyn J. Belew, P.C.
Probate is the formal legal process used to recognize an individual’s death, validate their will, settle outstanding debts, and ensure proper distribution of the estate. While the steps may appear straightforward, probate frequently involves nuanced procedural rules and sensitive family dynamics.
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The Law Office of Marilyn J. Belew provides clients with steady, informed guidance through each phase of probate administration. With more than 29 years of experience, Attorney Belew brings substantial knowledge of Texas probate statutes, court expectations, and practical solutions for complex asset structures, blended families, and contested matters. Her approach emphasizes efficiency, legal accuracy, and compassionate support during a difficult time.
Tailored Representation for Every Estate
No two estates are identical. Some require only minimal court involvement, while others involve real property, mineral interests, business holdings, non-probate assets, contested wills, or uncertainty regarding heirs.
When a loved one dies without a will (intestate), Texas law imposes a specific hierarchy of heirs based on marital status, community vs. separate property, and surviving family members. Attorney Belew ensures that each client understands their rights under Texas Estates Code and that all statutory requirements are met.
Her representation includes:
• Determination of heirship
• Appointment of personal representatives
• Advising fiduciaries on statutory duties
• Managing creditor claims and debt resolution
• Coordinating valuation and distribution of estate assets
Wills & Estate Planning Fundamentals
A valid will is a cornerstone of effective estate planning. It clarifies a person’s intentions, reduces uncertainty, and helps families avoid protracted disputes. Attorney Belew assists clients in preparing wills that are legally sound, strategically structured, and tailored to individual family and financial circumstances.
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A properly drafted will identifies beneficiaries clearly, reduces administrative burdens, minimizes conflict, and ensures property is distributed according to the individual's wishes rather than statutory formulas. Wills often work together with powers of attorney, medical directives, and beneficiary designations.
Key Considerations in Will Planning
• Executor Appointment — Executors manage asset collection, debt resolution, and distribution. If none is named, the court appoints an administrator.
• Powers of Attorney — These documents authorize trusted individuals to make financial or medical decisions during incapacitation.
• Clarity & Detail — The more precise the will, the smoother the probate process.
• If Someone Dies Without a Will (Intestate) — Texas Estates Code dictates distribution of assets based on marital status, children, parents, siblings, and the nature of property. Intestate estates often produce results the decedent would not have chosen, underscoring the value of proactive planning.
Probate & Estate Administration FAQ -
Understanding Texas Law
What Is Probate?
Probate validates a will, appoints a personal representative, ensures lawful payment of debts, and supervises the distribution of assets. It may also involve determining heirs if no will exists.
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Is Probate Always Required?
Not necessarily. Probate may be unnecessary when assets pass directly via beneficiary designations, property includes survivorship rights, estates qualify for Small Estate Affidavits, or the decedent used trusts or will substitutes. However, Texas law requires any valid will to be filed with the county clerk.
Intestate Estates (No Will)
For individuals who pass away without a valid will, the court conducts a legal determination of heirship. This may require witness testimony, family lineage research, statutory heir identification, and the appointment of an attorney ad litem. Heirship determinations are formal court proceedings that increase time and administrative costs.
Executor Responsibilities
Executors act as fiduciaries and must:
• Identify, collect, and protect estate assets
• Notify creditors and manage valid claims
• File required tax returns
• Maintain accurate accountings
• Distribute assets according to the will or law
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Executors who fail to perform their duties may be removed or held personally liable, making experienced legal counsel essential.
Independent vs. Dependent Administration
Texas favors independent administration for its efficiency and reduced court involvement. Dependent administration requires judicial approval for most actions and is typically used when disputes or special supervision concerns arise. Attorney Belew advises clients on the most appropriate structure for their estate.
Avoiding Probate
Certain assets bypass probate entirely, including life insurance proceeds, retirement accounts with named beneficiaries, POD accounts, trust-held property, and property with survivorship rights. Strategic estate planning can significantly reduce probate exposure and simplify transitions for loved ones.
Contested Wills & Litigation
Will contests may arise due to allegations of undue influence, lack of testamentary capacity, fraud, coercion, improper execution, or ambiguous drafting. These cases require experienced litigation support to protect client interests and uphold statutory requirements.
Non-Probate Assets & Distribution
Non-probate assets, such as beneficiary-designated accounts, trust assets, and survivorship property, transfer outside probate and follow their governing documents. Understanding this distinction ensures efficient estate management and accurate expectations for beneficiaries.
Have a probate law question? Call (940) 627-6400 or request a consultation.
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