Probate court can be a total mystery to Texas residents who find themselves facing the need to administer an estate. Most people have little to no exposure to the American legal system in any form, outside of perhaps minor traffic tickets or maybe a personal injury lawsuit. So, when they have to interact with probate court, they don’t know what to expect.
Probate court basics
Starting with the basics can help. The simple concept behind probate courts is to address the assets and debts of a deceased person. For many people, that means applying Texas state probate law to determine the distribution of assets – this occurs when a person dies without a will, known as dying “intestate.” But, for those who have the foresight to establish an estate plan before death, that plan and the documents in it will need to be validated and the directions in them followed.
Either way, someone will need to administer the marshaling of assets and then the distribution of those assets to heirs and beneficiaries. That person is commonly known as an “executor” of the estate, or a “personal representative.” Once that individual has collected the proper information to present to the probate court to verify that all assets and debts have been accounted for, then the probate court can order the assets to be distributed.
Of course, any given variable in the course of probate can make the process more complicated. Finding assets, finding heirs and beneficiaries and even facing challenges to the validity of estate planning documents are all possible complications that could arise. If you are getting ready to interact with probate court in Texas, be sure to get the right legal information about your own unique situation.
