How to Probate an Estate

Probate can be a very complicated process that is hard to understand. So, we will attempt to explain how to probate an estate. Essentially someone who has died can no longer own property. Because of this, the property must be transferred from the deceased owner to a beneficiary that is still living. This takes place under the close supervision of a probate court. The probate court can also oversee the payment of debts that were left behind by the deceased. Certain laws must be followed whenever the court is involved. These rules or laws can vary somewhat from state to state, but some steps are common no matter the location.

Steps to Follow

The first step in the estate settlement process is to confirm whether or not the deceased left a Will. You should first look for the Will within the estate, and if one is not found, you must speak with the deceased’s attorneys. If a Will can be located, then you must open the estate with the court. This can be accomplished by taking the Will to the probate court clerk and filing it. The person that is named as the executor in the Will is the one who usually takes responsibility for this. At this point, the court will more than likely schedule a short hearing officially appointing the named executor of the estate and providing him or her with a Letter of Testamentary. Once the executors then officially proclaimed by the court their first job is to inventory the deceased’s documents and assets. This includes a thorough review of all of the deceased’s personal papers and bank account statements. It is through this process that the true value of this estate can be ascertained. After the value of the estate has been determined, the executor will value the descendant’s assets, then pay the deceased’s income taxes and estate taxes, pay the deceased final bills and estate expenses, then distribute the balance to the estate beneficiaries.

Estate Planning Attorney in Murphy, Texas

The probate process can seem very daunting and complicated. Any time you’re dealing with a legal situation, perhaps it is best to have someone who is very comfortable in this situation to take the reins to ensure that your interest is met. If you have recently lost a loved one and are facing Probate Court, then perhaps the best approach would be to hire a trained Estate Planning attorney. Edmondson Law, PLLC has years of experience in Estate Planning and understands the probate court process very thoroughly. So, if you’re facing probate court then let the team at Edmondson Law assist you in this long and difficult process.

 

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.