When our clients and potential clients come to us after the death of a loved one, there can be a lot to think through in terms of distributing assets and getting affairs in order. One important process is the probate process, which happens when a Texas court distributes any of a decedent’s assets that are not already transferred by trusts or direct payments. The individual’s remaining assets are reviewed by this court, and the judge presides over the distribution process to ensure that everything is done fairly.
Step by Step: The Probate Process
Even if a recently deceased loved one had a will, that person’s estate will likely still have to go through the probate process. This essentially means that the individual’s executor or personal representative must file an application in a Texas court to let the court know that the individual has died and to request the court’s probate administration services.
Next, the court will hold a hearing on the decedent’s estate. Typically, the court will post some kind of announcement informing the public of the upcoming hearing so that anyone that thinks they have a right to be involved in the probate administration can have notice that the hearing will take place. At the hearing, the judge will begin by making sure the decedent’s will is valid and will hold up in court.