PROBATE – PERSON PASSED AWAY WITH A WILL

After a loved one has passed away, it is necessary for a family to settle the estate of their loved one by asking the probate court to probate the will of their loved one. The act of probating the will is a legal process by which the probate court reviews and determines the validity of the will, the estate’s assets are identified, outstanding debts are paid (including taxes), and the personal and real property is distributed to the parties listed in the will.

INTESTACY – PERSON PASSED AWAY WITHOUT A WILL

If your loved one passed away without a will, then the law considers them to be “Intestate.” The State of Texas has passed laws that address how an intestate individual’s estate shall be distributed. In order to be able to transfer personal property, motor vehicles or sell real property, an administrator must be appointed. There is a legal process by which the probate court reviews the estate and appoints an administrator to identify the estate’s assets, pay outstanding debts (including taxes), and distribute the personal and real property to the heirs of the deceased individual.

IS PROBATE NECESSARY?

Remember, each estate is different, there are alternatives to probate available that may allow you and your family to avoid the Probate Courts completely. Contact us to review your options.