Probate

Death of a family member is never an easy situation to experience. After a love one has passed, common questions arise as to:

What happens with the will?

What do I need to do?

Where do I need to go?

What do I do with the property?

At Daley & West, we walk our clients through the court procedures and probate process while representing them with the utmost respect and generosity. If you are dealing with the death of a loved one please call our office to see how we are able to help you. 

For related estate planning services to help prepare your estate, your family, and yourself for the future, please visit our Estate Planning Page

Guardianship Of an INCAPACITATED Adult

Do you have a loved one that is suffering from a short term or long term disability that requires the appointment of a guardian? If so, we can help. Whether you are needing to apply to have a guardian appointed for the person or the estate we can assist with walking you though the court process. 

If the person in need of assistance is able to function by lesser restrictive alternatives we can also discuss that with the family and determine what is the best scenario. One alternative to consider may be a Supportive Decision Making Agreement or other plans that may better benefit the person. 

Call us today to learn more about the process and to determine if guardianship is the appropriate solution to get someone assistance with their person or their estate. 

Some of our Probate Services include:

Decedent Passed With A Will 

  • Probate of a Will (including handwritten wills)
  • Independent/Dependent Testamentary Execution
  • Small Estate Affidavits (Estates valued under $75,000 with homestead and exemption exceptions)
  • Muniment of Title 

Estate Administration

  • Collection of Decedent's Assets
  • Payment of Debts and Claims Against the Estate (Notice to Creditors)
  • Payment of Estate Taxes, if any are required
  • Distribution of the remainder of the Estate
  • Distribution of Community Property/Separate Property from a marital estate
  • Determination of Homestead Rights of Surviving Spouse or Children
  • Informal Family Settlement- When the estate consists of fairly simple property and assets such as solely personal property. 

Decedent Passed Without a Will

  • Intestate Matters & Heirship Proceedings 
  • Letters of Administration
  • Affidavit of Heirship
  • Independent and Dependent Administration of the Estate
  • Wills that were not successfully proved

Management of Non-probate Assets

  • Trusts
  • Property passing by Contract, Survivorship Agreements
  • Transfer on Death Deeds/Lady Bird Deeds
  • Life Insurance Proceeds
  • Accidental Death and Dismemberment Insurance Proceeds
  • IRAs, Employment Benefit Plans, Retirement Plans, Annuities
  • Joint-tenancies (with/without right of survivorship)
  • Survivorship Assets (Bank Accounts, CDs, Stock and bonds, and some Savings Bonds) 

The Law Offices of Daley & West, PLLC

Burnet Office

122 S Main Street

Suite 1

Burnet, TX 78611

(512) 553-2261

Austin Office

Robinson-Macken House

702 Rio Grande Street

Austin, TX 78701

(512) 553-2135

Disclaimer: These materials have been prepared for The Law Offices of Daley & West, PLLC, for informational purposes only. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us information until you speak with our office and get authorization to send that information to us. Information provided through this website is subject to change without notice.
**Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization.

Both attorneys are Network Attorneys for Texas Legal and ARAGĀ®