If you find yourself involved in a probate matter, it may be the first time you have ever had to deal with this type of legal situation. Most people probably never have to deal with the legal system, outside of maybe personal injury cases or minor traffic infractions. Probate is a whole different type of legal proceeding and, for the most part, starting with understanding the basics can be immensely helpful for those who are facing this situation for the first time.
Probate in Texas
For starters, what is “probate”? This term refers to the legal process that occurs after a person has died, in order to address the distribution of the deceased’s assets. If the deceased person had a will and other estate planning documents, those documents will be examined and likely applied to the plan for distribution of the person’s “estate.” Paying any applicable taxes and debts will also be a crucial part of the probate process.
Depending on the size and value of the estate in question, the probate process may be either formal or informal. Obviously, smaller estates of less value would be the ones eligible for the “informal” route, which can typically lead to a routine court order that allows heirs and beneficiaries to quickly access the deceased person’s funds, distribute them appropriately and transfer real estate, for example.
A more “formal” probate process can be more complicated, with a court-appointed person tackling the task of marshaling the deceased person’s assets, paying debts and taxes and then distributing the remaining assets either as directed by the deceased person’s will or as directed by state law. For either route, Texas residents would be well served by getting more information about how the facts of their own unique situation will play out in the probate process.
