A "basic will" is a simple and low cost estate planning
instrument that will allow you to determine what will happen to your property and any children you may have after
you die. It is a legal instrument that is only appropriate for individuals with modest estates and simple
estate planning needs.
The basic will
allows you to designate who will be the equal beneficiaries of all of your property. For example,
I, James Smith, leave all of my property equally to my brother, Joe Smith and sister, Betty Smith.
If you would like to itemize who receives particular items of property, a basic will is not
going to satisfy your estate planning needs. In addition, if you wish to set up a trust for a substantial amount of
assets with special instructions for a trustee, then a basic will is also not appropriate for you. If a basic will is
not going to meet your estate planning needs, then please call our office to set up an appointment for a consultation.
The basic will allows you to determine
who will take care of your minor children (the Guardian) and who will manage your minor children's property (the Trustee)
after you pass away. The basic will also allows you to control the age in which your children assume control of their
inheritance. Any property left to minor children will be placed into a testamentary trust and managed by the
Upon receipt of the information that you are going to submit in the form to follow,
an attorneys will contact you by phone. During that consultation, we will discuss whether a basic will is
going to satisfy your estate planning needs.
Davis & Associates are here in Leander to counsel you after the passing of a loved one. During the initial
consultation, an attorney will gather facts from you about the passing of your loved one, review any pending documents (i.e.
last will & testament), evaluate and prioritize your current legal needs, highlight any problems or pitfalls, walk you
through a general overview of the process involved in your case, and develop an expected time line based on your particular
To get the case started, one must invokes the Court's power by filing
a written request or petition with the Court requesting that the "Last Will & Testament" of the testator be
admitted for probate. Under simple situations, this is an uncontested legal process.
Application for Probate has been filed, our office will contact the court clerk and set the matter for a hearing. At the hearing,
the Court will hear testimony from the witnesses (number varies based on the circumstances) and once admitted to probate,
will issue Letters Testamentary to the Executor/Executrix as set forth in the "Will."
Once the Letters Testamentary are issued, the Executor/Executrix will have authority to act on behalf of the Estate
(i.e. pay debts etc) Thereafter, one of the duties that must be performed is the preparation and filing of an Inventory with
After the Estate matters have concluded and the necessity for administration has
been completed, the probate matter can be closed. Please call Terry Davis & Associates to set up an appointment
to discuss your probate matter.