Margaret K. Schlesinger, Esq., LLC
New Jersey Estate Planning and Probate Law Firm
Probate: What to Expect
Probate is the legal process where assets are transferred from being owned by the person who has passed away to those they have named in their Will. This process happens through the Court System in the County where the decedent lived at the time of their death.
How Much Does it Cost?
Our firm offers Uncontested Probate for $2,500 for applicants that have an original Will. It takes an average of nine months from start to end.
How long can I wait?
In Texas, A Will must be offered for Probate within four (4) years of the the person's death.
What does your Probate Package Include?
Our Flat Fee Package includes:
Submitting the Will for Probate (including all filing fees), Representation at the zoom court hearing, Letters Testamentary, Executor's Deeds if Texas Real Estates, Notice to heirs, and the Inventory for the Estate.
Do I have to have the Original Will? Is a copy ok?
We have to submit the original, signed Will to the Court. If you only have a copy, we can discuss your options.
What is not included?
If there are disputed debts of the Estate, there is real estate outside of the State of Texas, the family does not have the original Will, or if the Will is being contested.
Can I probate a hand-written Will?
Texas does permit holographic (handwritten) Wills. If they meet all of the legal requirements, they can be probated.
What to Expect
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We file a Petition with The Court to Admit the Will to Probate and submit the Original Will to the Court.
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​We publish a Notice that the Application has been filed.
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4-6 weeks later we will have a hearing before the Probate Judge over zoom to "prove-up" the Will. You will come to my office and we'll do the hearing together side by side at my computer.
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You will then be issued Letters Testamentary and be formally appointed as executor of the person's Estate.
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We publish Notice to Creditors in a special newspaper.
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You will open an Estate Bank Account at the Bank of your choice using the Letters Testamentary.
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You will make an inventory of all of their assets and any money owed to the Estate. We sent a copy of this inventory to all of the beneficiaries.
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You will sell real estate if appropriate or needed. You will transfer financial accounts from the name of the decedent to the Estate Account.
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You will pay any creditors of the Estate, reimburse funeral expenses, etc.
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After all of the bills have been paid, you will be able to distribute what is left to the heirs based on the direction of the Will. This is the last step.
