What Is the Probate Process and Why Does It Matter?

Probate is a legal process that begins after someone’s death, and the point is to ensure that their assets are handled according to their wishes or, if their wishes are not clear, according to state law. This is a court-supervised process that can take time and cost money, and a probate lawyer in El Paso, TX can help you understand how it may affect your estate, help you plan to avoid probate as much as possible, or get you through a probate dispute if you’re already mired in one.

From a Probate Lawyer: What Is the El Paso, TX Probate Process, and Why Does It Matter?

Getting Technical

Probate is a judicial process that does two important things: first, it authenticates a person’s will, if they have one, and second, it appoints an executor to oversee the administration and distribution of a deceased person’s estate. If that person left a will, then the administration should be done according to the terms of the will, provided the will is legal and valid. If there is no will, then the executor will follow Texas intestacy laws to decide who gets what.

Why It’s So Important

The word probate comes from a Latin word that means “to prove,”and that has reference to its primary duty of proving, or authenticating, a will. This is important to avoid disputes. If you cannot prove that a person left a will or what that will is really saying, then you cannot have a fair distribution of their property or a distribution that follows their wishes. There must also be oversight to prove which will is valid if there’s more than one. Without probate, potentially any number of unscrupulous actors could try to claim parts of an estate.

Probate is also important when there is no will. This can happen for various reasons, but when it does, the probate court steps in to make sure that spouses and children are prioritized over everyone else in the distribution of the deceased’s estate. Finally, probate is crucial because certain assets, like real estate, cannot just be handed over to another person without a legal process. Probate ensures this happens smoothly.

How It Works

The process begins when the court validates a person’s will. This means the court looks to see that it is legal. If it is, the will should name an executor for the estate, and the probate court will then give this person the authority they need to oversee the assets of the estate. If there is no will, then the court will appoint an administrator to fill the role.

The executor then inventories all assets and determines their value. Once that’s done, creditors have a chance to bring any legitimate claims. These must be dealt with, and all taxes must be paid. Then, assets can be distributed to the beneficiaries, either according to the wishes of the testator or according to intestacy laws.

For help with your estate planning contact Townsend Allala Coulter & Kludt in El Paso, TX or Truth or Consequences, NM today.

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