Let me first say that this series is not intended to be a legal guide. It's merely to give you an idea and information about Real Estate and the Probate process in Texas. If you have specific questions, please consult an attorney.
As soon as someone dies, everything they owned immediately belongs to someone else. One of the primary functions of the probate process is to provide another link in the chain of title showing the transfer to the new owners. Probate refers to the entire legal process of wrapping up all the affairs - debts and assets of the decedent.
The probate process typically consists of:
- Determining that the person actually died by obtaining a death certificate
- Reviewing whether or not a valid will was left
- Determining if the decedent's estate requires an administrator/executor and appointing that person resposible for administering the estate
- Drafting and filing an application to probate the will and
- Seek letters of administration or testamentary
- Preparing proof of death and oath documents
- Setting and attending a hearing to probate the will
- Fulfill all notice requirements
- Collecting all estate assets
- Dealing with estate debts
- Distributing estate assets to the rightful heirs after debt payments and expenses are distributed to eiht the beneficiaries listed in the will or to the heirs determined by the court if there was no will
It's often advised to hire a Texas Will Probate Lawyer to work with the executor, beneficiaries, and family to assist with the Will Probate Prcess. There are a lot of circumstances and complications that can occur during the probate process. It's important to have an attorney familiar with the probate process to help with estate administration.
