What Should You Expect During the Probate Process?

When a loved one dies, there’s a court process that transfers their assets to their beneficiaries and settles their debts. A probate attorney here in the El Paso metro area can guide you through each step and preserve the assets to the fullest possible extent.

The Probate Process in the El Paso Metro Area

Filing

Everything begins when you locate the original will, if one exists, and get certified copies of the death certificate. The will must be filed with the probate court in the county where the deceased lived, and you as a family member (or the person named as executor) must file an application that asks the court to admit the will and appoint a personal representative. If no will exists, the court determines heirs under state law and appoints an administrator.

Public Notice

After the application is filed, the court clerk posts a public notice for at least ten days. This is to allow any interested person to object to the will or the proposed executor/administrator of the estate.

Initial Hearing

Once the public notice period is over, a hearing is scheduled, and a judge reviews the will and appoints the executor or administrator of the estate. The court then issues letters testamentary or letters of administration to give that person legal authority to act for the estate.

Inventory and Valuation

The administrator must then gather and protect every asset that belongs to the estate. Within ninety days, they have to file an inventory that lists those assets and their fair-market values as of the date of death. Some estates qualify for an affidavit in lieu of a full inventory. The administrator will also identify what’s community property and what’s separate property if the deceased was married.

Creditors and Taxes

All known creditors have to be notified by mail, and there must also be a notice published in a local newspaper. Creditors then have four months to present claims. The administrator reviews each claim, accepts the valid ones, and pays them from estate funds.

During this time, the administrator will also file the deceased person’s final income tax return and any required federal estate tax returns (Texas has no state estate tax). Funeral expenses, administration costs, and taxes get priority over all other debts. The administrator may need to sell property to pay debts or to prepare for distribution.

Disbursment

Once debts and taxes are settled, the remaining assets are distributed according to the will or according to the intestacy statutes if there was no will. The beneficiaries are to get a formal notice of the will’s admission within sixty days.

Closing the Estate

After distribution, the administrator prepares a final accounting and then asks the court to close the estate.

Get Help From an Experienced Probate Attorney

You can keep many of your assets out of probate with the right choices made now. Whether you’re planning for your family’s future or dealing with probate now, contact Townsend Allala Coulter & Kludt in El Paso. We’re the recognized leaders in elder law and estate planning in the El Paso metro area and Southern New Mexico.  

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