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Probate is the legal process through which a deceased person’s assets are distributed, debts are settled, and their estate is administered under the supervision of the court.
Probate is typically required when the deceased person owned assets solely in their name at the time of their death. However, certain assets may bypass probate, such as those held in a living trust or assets with designated beneficiaries.
A will is a legal document that outlines how a person’s assets should be distributed after their death. A valid will helps guide the probate process by providing instructions for asset distribution and naming an executor to oversee the estate administration.
When a person dies without a valid will (intestate), Texas intestate succession laws determine how their assets will be distributed among their heirs, following a predefined order of priority.
In Texas, an executor can be an individual named in the will or a court-appointed administrator if there is no will. The executor’s role involves gathering and managing assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
The duration of probate can vary depending on the complexity of the estate, potential disputes, and court caseload. It typically lasts several months to over a year.
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