Probate is the legal process of transferring property following a person’s death. The process is simplified if there is a will at the time of death. Unfortunately, many people put off preparing a will and by not doing so they create a situation that will likely result in a toxic family environment amongst heirs and place property at risk of foreclosure.
Here is a worst-case scenario: The heirs cannot agree on an executor and refuse to assist in the payment of taxes, maintenance, and repairs for the existing property. Since the heirs refuse to work together, the home and assets of the deceased are lost through foreclosure. For this reason, having a Will that names an executor and distributes your estate is highly recommended.
The Will takes the guess-work and bickering out of who gets what and allows the estate to be probated smoothly. This important legal document will name an executor. The executor’s responsibilities include:
- paying all debts
- property distribution
- collecting all the assets
- payment of all debts
- distribution all assets
The process of probating the decease’s estate is simplified by having a Will. If no Will exists, the deceased person’s estate will be probated according to the intestate laws of Texas. These laws determine who will inherit the deceased person’s estate. But be warned, an intestate probate can become very contentious among the heirs. Sisters, brothers and other heirs of larger families will general dispute the distribution of the estate.
The Davis Law Firm has handled hundreds of Texas probate cases and is happy to help you prepare a Will, probate a Will, or help you with the intestate process.