aMenu
x
Settling an Estate Through Court Supervision

Settling an Estate Through Court Supervision

Probate Services in El Paso from The Law Offices of Mario Saroldi

When someone dies in El Paso, their will must be filed with the probate court before the executor can access bank accounts, sell property, or distribute assets to heirs. If no will exists, the court appoints an administrator and determines who inherits under Texas intestacy law. Probate validates the will, identifies creditors, appraises property, and ensures debts and taxes are paid before the remaining assets pass to beneficiaries. Without probate, the estate remains legally frozen and heirs cannot take ownership of property or close accounts.

The Law Offices of Mario Saroldi handles probate administration, determination of heirship, muniment of title, trust administration, affidavits of heirship, small estate affidavits, family settlement agreements, and Medicaid claims against estates in El Paso. The firm represents executors, administrators, heirs, and beneficiaries through each stage of probate, including will contests, creditor disputes, and asset distribution. Texas offers several probate methods, and the firm advises on which process fits the size and complexity of the estate.

If a loved one has passed away and you need to open probate or resolve a dispute, reach out to The Law Offices of Mario Saroldi to begin the estate administration process.

Steps Involved in Administering an Estate

The attorney files the will with the probate court in El Paso, notifies heirs and creditors, and attends a hearing where the judge validates the will and appoints the executor. The executor then inventories all assets, has property appraised if needed, opens an estate bank account, and pays debts, taxes, and administrative expenses. The executor files periodic accountings with the court and obtains approval before distributing assets to beneficiaries. The entire process can take several months to over a year depending on the size of the estate and whether disputes arise.

After the court approves the final accounting, the executor distributes the remaining assets according to the will or Texas intestacy statutes. Beneficiaries receive deeds for real property, certificates for financial accounts, and titles for vehicles. If real estate must be sold to pay debts, the executor lists the property, accepts offers, and closes the sale with court approval. Once all assets are distributed and debts satisfied, the court issues an order closing the estate.

The attorney also handles muniment of title proceedings when the estate has no debts and all that is needed is a court order transferring property to heirs. Small estate affidavits allow for faster resolution when the estate value falls below the statutory threshold. Affidavits of heirship establish who inherits when no will exists, and family settlement agreements resolve disputes without prolonged litigation.

Losing Someone Brings Enough Stress Without Legal Confusion

Probate can feel overwhelming when you are grieving, so understanding what the court requires and how long the process takes helps you plan and avoid missteps.

What is the difference between probate administration and muniment of title?

Probate administration involves appointing an executor, inventorying assets, paying debts, and distributing property under court supervision. Muniment of title is a simplified process used when the estate has no debts and only requires a court order to transfer title to heirs.


How does a small estate affidavit avoid full probate?

A small estate affidavit allows heirs to collect assets without opening a formal probate case if the estate value is below the statutory limit, usually around $75,000, excluding homestead and exempt property. The affidavit is filed with the court and presented to banks or other institutions to transfer assets.


What happens if someone contests the will?

If someone contests the will, the court holds a hearing where both sides present evidence about the validity of the document, the mental capacity of the decedent, or allegations of undue influence or fraud. The judge decides whether the will is valid or whether the estate should be distributed under intestacy laws.


When does Medicaid file a claim against an estate?

Medicaid files a claim when the state paid for long-term care or nursing home costs during the decedent's life and seeks reimbursement from the estate. The executor must notify Medicaid of the probate case, and the claim is paid before assets are distributed to heirs.


What does a determination of heirship establish?

A determination of heirship is a court proceeding that identifies who inherits when the decedent died without a will. The court hears testimony from witnesses, reviews family records, and issues an order listing the legal heirs and their percentage of ownership in the estate.

Probate in El Paso requires strict adherence to court deadlines, notice requirements, and accounting rules, and mistakes can delay distribution or expose the executor to liability. Get in touch with The Law Offices of Mario Saroldi to open the estate, satisfy creditors, and transfer assets to the rightful heirs.

Contact Us