Dealing with the loss of a loved one brings enough emotional challenges without the added stress of legal paperwork. Probate can get stressful and frustrating, but having the proper documents ready can make the process much smoother.
Signed original will
The cornerstone of any probate proceeding is the original will. You need to present the original signed will—not a photocopy. Texas courts require the actual document signed by the deceased. Without the original, the court may presume the will was revoked, complicating the entire process.
Original death certificate
You also need to present a certified death certificate from the county where your loved one passed away. These prove the person has passed away and include crucial details like the date and location of death. It’s better to request multiple copies of the death certificate. You will likely need to provide them to banks and insurance companies, too.
Property inventory list
Create a comprehensive list of your loved one’s assets, along with the estimated values and account numbers. Include:
- Real estate properties
- Bank accounts and financial investments
- Vehicles, boats or other titled property
- Valuable personal possessions like jewelry or artwork
- Business interests or intellectual property
This inventory helps the court understand the estate’s worth and ensure proper distribution.
Proof of your authority
As the person handling the estate, you need papers showing you have the right to do so. This might be your name in the will or court papers naming you as the administrator or executor. Additionally, make sure you can show proof of your identity, too.
Outstanding debt documents
Gather all documents showing any debts your loved one had. This includes:
- Mortgage statements
- Credit card bills
- Medical expenses
Texas law requires executors to notify creditors and settle valid debts first. These records help determine the estate’s obligations before asset distribution begins.
Getting a head start makes a difference
Collecting all the necessary documents early can significantly reduce your stress during probate. Consider working with an experienced probate attorney who can guide you through this process. They can help ensure everything is in order, allowing you to focus on healing while honoring your loved one’s wishes.
