Estate and probate law focuses on those who are ready to address the matter of inheritance and their financial legacy, as well as on those who face a probate case after losing a loved one. This is a challenging area of the law that involves emotionally charged matters. Having an experienced Harker Heights estate and probate lawyer at The Law Office of Brett H. Pritchard on your side can make all the difference.  

The Intersection of Your Estate Plans and Probate

Your estate plans are a reflection of your wishes regarding your assets at the time of your passing. And they allow you to honor your loved ones, to show your love and concern, and to help bolster their futures, which makes estate planning an important consideration.

Upon Your Death

Upon your death, your estate will move through the probate process. At this point, the matter shifts away from you and toward your heirs. The more effort you put into your will and other estate planning tools, the more streamlined you can expect the probate process to be for your family members. In fact, your input now can save your loved ones time, money, and heartache in the long run. 

The Emotional Component

There is no denying that losing a close family member is an emotional ordeal. The fact that this emotional turmoil coincides with probate amplifies the intensity of the process. With a carefully crafted, clear will in place, you help to pave the way toward a smoother probate process for those you have left behind when the time comes.   

Your Last Will and Testament

Your estate will move through the probate process, and if you have a will in place, it will guide your estate forward. In your will, you are advised to list your complete assets and to make it clear how you would like these assets to be distributed to your heirs. 

The Executor of Your Estate

You should also name an executor of your estate, or a personal representative, in your will. This person will be tasked with filing your will with the probate court and moving it through the probate process. 

Before the probate court will assign the role of executor to the person you have named, they must be deemed fit to serve. This means they are equipped to fill the role. A primary responsibility of your executor is accepting a fiduciary duty. This means that their sole focus must be on the financial best interests of your estate and your heirs. 

Your Legally Valid Will

For the wishes you outline in your will to prevail, the will itself must be legally binding. In fact, before the probate court will proceed with winding up your estate, your will must be validated.

There is a range of requirements that must be met for a will to be considered legally valid. The basics, however, include that you are of sound mind, that your will is in writing and is signed by you, and that your will is witnessed by two credible adults if it is not in your own handwriting. Having your will notarized can also help solidify its validity.

The Probate Process

When your executor files your will with the probate court, the matter directly affects your heirs. From here, there are a range of critical steps that must be taken before your assets will be distributed according to your wishes. These include:

• The court will admit your will to probate, will name your executor to the role, and will issue letters testamentary to them. These grant the executor of your estate the authority to act on behalf of your estate.
• Your executor will inventory and assess the value of your assets, notify your heirs, and post a notice to creditors with an interest in your estate. 
• Your executor will address your final bills, including your funeral and burial expenses, and your final tax return.
• Your executor will resolve any claims made by creditors.
• The court will consider any disputes that arise and will hand down its rulings on these matters. 
• Your executor will distribute your remaining assets to your heirs according to the wishes you outlined in your will.

Discuss Your Estate Planning Needs with an Experienced Harker Heights Estate and Probate Attorney

Brett Pritchard at The Law Office of Brett H. Pritchard is a savvy Harker Heights estate and probate lawyer who knows how important your estate plans are to you and your beneficiaries and will spare no effort on your behalf. You are looking for estate planning tools that give you peace of mind and protect what matters most, and we have the legal skill to help you achieve this worthy goal. Learn more by contacting us online or calling us at 254-781-4222 today. We are ready to help.