Probate
Probate is a court administered process that involves the compilation of the deceased person’s assets, paying their debts, and distributing their assets to their beneficiaries. There are several forms of probate administration in Texas, the most common of which is formal administration, which can be either dependent or independent. A dependent administration is subject to court supervision, while an independent administration is primarily not subject to court supervision.
When a person dies with a will, they die testate, and the terms of the will are followed. An executor is appointed in the will to administer the estate of the deceased. Among the executor’s many powers and responsibilities, he or she is required to file the will for probate. This should be done in the county where the deceased person resided and within 4 years of the date of death.
If the decedent died without executing a will, they are said to have died intestate and their property will be distributed based on the laws of intestacy. Distribution under intestacy depends on what family members survive the deceased and what forms of property the deceased person owned. A decedent may also die with partial intestacy. If a person has executed a will, but it does not properly dispose of their entire estate, the portion of the estate not disposed of by will passes by the laws of intestacy.
Assets that are subject to passing through probate are called probate assets. Probate assets are those which are individually owned by the deceased or owned by the deceased as a tenant in common with another person. Only probate assets are subject to estate administration. Assets that are not capable of passing through probate are called non-probate assets. Property that is held jointly with a right of survivorship (commonly between married couples) does not pass through probate. Property that is held in a trust and property with a beneficiary designation (such as Pay on Death Accounts) also cannot pass through probate.
The length of the probate process depends on the size of the deceased’s estate. It can last from several months to over a year.
What can this firm do for you?
The probate process is complicated, and this firm understands that it can appear overwhelming, especially following the loss of a loved one. Knowing what to do next can be challenging. Nobilo Law Firm is here to guide you through this process and make it as simple as possible. This firm will represent you in court proceedings, communicate with the courts, and ensure that all required paperwork is timely filed. Dealing with the loss of a loved one is difficult and navigating the probate process can cause additional stress. When you retain this firm, you can trust Nobilo Law will be there to make the process as stress-free as possible. If you have any questions about the probate process and what steps to take following the loss of a loved one, contact the Nobilo Law Firm today.