Will Probate

Before an estate of a decedent can be distributed it is generally necessary to go through probate.  The term probate means to "prove" the will through a proceeding usually in court in which many decisions pertaining to the division of the estate are made, including:

  • The validity of the will.
  • Verification of decedent's property.
  • In the event there is no will, division of the estate will be determined according to the state laws of the decedent.
  • Opportunity is given to unpaid creditors of the decedent to make a claim against the estate.
  • Any estate administration fees accrued will be paid.

All property is said to be owned by the "estate" of the deceased person and must remain so until the probate process is complete and the judge or other court-appointed person says it may be distributed.

In Texas small estates may even avoid a formal probate when the total assets are small in value.  Again, in Texas, the minimum time an estate will likely be open is probably from two months to a year; possibly more if the estate requires real property such as a home to be sold and the buyer to close escrow.  Having a will, alone, does not mean probate is unnecessary.  Although a will might make the process simpler, probate is still required for assets in the deceased's name alone.

Are you in need of a probate attorney?  If so, Barry can help you.  He can help you preserve the value of the estate for distribution.  Effective administration of an estate through the probate process is vital.  To protect you and ensure the proper distribution of family assets, contact Barry today for advice about the probate process.