Probate FAQ

When a loved one passes away, there are many things that need to be taken care of. It is already an emotional time and it can be difficult to know where to start. Probate is a process that helps move things along. The Law Offices of Marilyn J. Belew, P.C. can help you move forward. Below is a list of frequently asked questions. To discuss your case, contact our office in Decatur today at 940-627-6400 or fill out our contact form.

Q: What Exactly Is Probate?

A: Probate takes place after a person has died. The court will do a few things, including looking at the deceased person’s will, identifying the deceased person’s property, paying debts and taxes, and distributing remaining property as the will directs.

Q: Do I Have To Go Through Probate?

A: In Texas, no you do not have to. However, you are legally required to file a will with the country clerk after you learn of someone’s passing. In very certain circumstances, there may be a contractual relationship between beneficiaries that requires probating a will.

Q: Why Wouldn’t I Want To Go Through Probate?

A: It sometimes can be an expensive and lengthy process. This depends on the terms of the will and whether or not it is contested. Some families don’t want to go through probate because it is a public matter, meaning all of the contents become public information. Each case is different and Marilyn Belew can help determine what is in your best interest.

Q: Who Is Supposed To Handle This Process?

A: Typically, the deceased person will name an executor of their will. The executor is expected to handle things after their loved one or friend passes away. If there isn’t a will or an executor is not named, the court will assign someone. Usually, the job will go to the closest relative or the person who will inherit the bulk of the assets.