Decatur Texas Probate Law Blog

After laying a loved one to rest, many Texas residents may wonder how the remaining affairs of the estate will be handled. Probate administration is necessary for many estates, and this process allows for important endeavors related to the remaining estate to be addressed, including distributing property. Many beneficiaries often wonder when they will obtain their bequests, but it can differ depending on the type of property.

Some assets do not have to go through the probate process, which means that beneficiaries can obtain that property more quickly than probated assets. Some assets that do not go through probate include payable on death or transfer on death accounts, trusts and jointly owned property with rights of survivorship. Typically, these assets pass to the beneficiary soon after the initial owner's passing.

Closing a loved one's Texas estate is a lengthy process. Probate administration can take months or even years, depending on the complexity of the estate and whether any disputes arise. The executor has many duties to address, and one of those obligations is informing beneficiaries that probate of the estate has opened.

The executor must first file the will with the probate court. After the court confirms the validity of the document, the executor must notify the beneficiaries of the estate within three months after that validation has occurred. Of course, executors commonly take the time to notify beneficiaries before the three-month deadline approaches. Additionally, once the will has been validated by the court, it becomes a part of the public record, and any party who believes that he or she may have a stake in the estate can view the document.

It can take a considerable amount of time to settle a person's final affairs after his or her passing. Though probate administration is often a necessary process, it can be complicated by significant assets and by having to pay certain debts and expenses. Fortunately, when the process comes to an end, beneficiaries and heirs can receive their bequests.

Texas readers may be interested in reports indicating that the executor for Carrie Fisher's estate has filed documents showing that the time has come for the final distribution of the late actress's assets. Total appraisal of the estate was reported as being valued at over $6.7 million. The recently-filed documents stated that the debts and expenses associated with the estate administration had been paid and that final steps were ready to take place.

Some Texas residents live by the adage that the only things certain in life are death and taxes. When it comes to probate administration, these two certainties definitely play an important role. Proper estate planning can make this process smoother, prevent problems and misunderstanding and insure that the wishes of the deceased are adhered to.

One problem that some Texas families face with probate administration is the fact that the deceased failed to update his or her will. In fact, this can result in several different problems. For example, after the death of a spouse, it is often common for the individual to remarry. In this case, there may be children from the first marriage along with a new spouse and maybe even children from this newer marriage. If the deceased's will is not updated, it is likely that his or her wishes will come into question during the probate administration process.