Your will is a critical component of your estate plans, and it serves an important purpose for you and your loved ones. It allows you to distribute the assets that make up your estate according to your wishes and to honor your family members in the process. In your will, you will assign an executor who will guide it through the complicated probate process, which will wind up your estate. Having a solid understanding of the intersection of your will and probate can assist you to better protect your estate and the inheritance rights of the people who are most important to you. 

An experienced McGregor estate and probate attorney at The Law Office of Brett H. Pritchard is well prepared to guide you effectively and efficiently through the estate planning process. 

You Need a Will that Is Legally Valid to Begin With 

For your will to do you and your loved ones any good, it will ultimately need to be validated by the probate court. And to be considered legally valid, each of the following must apply:

• You must have been at least 18 years old when you created your will and must have been of sound mind. This means that you recognized the significance of your actions and how they would apply to your estate.
• Your will must be in writing. This can mean being handwritten by you, being typed, or being printed. While some states accept wills in electronic form, Texas is not among them.
• Your will must be signed by you.
• If your will was not handwritten by you, it must also be signed by two witnesses.

While you are not required to have your will notarized in Texas, doing so can make it self-proving, which can streamline the will validation that is conducted during probate.  

Your Will Can Serve a Range of Important Roles

Your will can fill several key estate planning roles. 

The Distribution of Your Assets 

You have worked hard to amass the assets that belong to you, and you would probably like them to be distributed according to your wishes on your passing. Your will is the tool you will use to help ensure that this happens. 

If you do not have a legally binding will in place, all of your assets that are not addressed by other means will be distributed according to Texas law. These are called the laws of intestate succession, and they may not align with your wishes. In fact, they may not come anywhere close. This makes your will important in terms of your peace of mind and the inheritance rights of your loved ones. 

Guardianship of Your Minor Children

If you have children who have not yet reached adulthood, you should have a will in place that addresses their legal guardianship. While they are very unlikely to lose both of their parents during their childhoods, you cannot be too careful when it comes to your children. 

Your will allows you to nominate the person whom you believe is right for this very important role. Because no one knows your children and their unique needs better than you do, the court is very likely to support your nomination – as long as it upholds your kids’ best interests. 

Assigning an Executor of Your Estate 

The executor of your estate will fill a challenging administrative role, and they must also accept a fiduciary duty to your estate and your heirs. This means they must put the financial interests of both before their own. 

When you die, the person you have nominated to serve as the executor of your estate will file your will with the probate court. It is your executor’s job to do what they can to help ensure that every step forward goes smoothly, including each of the following:

• The court will validate your will and assign your executor the authority to act on behalf of your estate – after deeming them fit to serve.
• Your executor will inventory your assets, which includes obtaining valuations as needed.
• Your executor will post notification to alert any creditors who have an interest in your estate and will resolve any pending debts.
• Your executor will pay the bills for your funeral and burial, along with any other final bills, and will file your final tax return.
• Your executor will notify your heirs and will proceed to distribute your assets according to your wishes. 

You Need an Experienced McGregor Estate and Probate Lawyer in Your Corner

Brett Pritchard at The Law Office of Brett H. Pritchard is a knowledgeable McGregor estate and probate attorney who is committed to helping you establish estate plans that faithfully address you and your family’s needs. Your peace of mind is important, so please do not wait to contact or call us at (254) 220-4225 today.