If you have lost a loved one, their will and other estate planning tools reflect their legacy, which makes them of critical importance. The probate process ahead is legally challenging, and the fact that you are also grieving a difficult loss does not help. An experienced Westcliff estate and probate attorney at The Law Office of Brett H. Pritchard has the legal skill and compassion to help make a significant difference.

Your Loved One’s Estate 

Your loved one’s estate contains everything of value that they owned at the time of their death, and this includes items with sentimental value and family heirlooms. On your relative’s passing, their estate will be distributed according to their wishes if they have a legally binding will in place.

Virtually every estate must go through probate, which is the court-supervised process in which estates are settled. If your relative has a will, the terms included will guide how their assets are divided between their named heirs. If they do not, however, the laws of intestacy in Texas will prevail. 

If There Is No Will 

If your loved one did not have a legally binding will in place, state law prioritizes heirs as follows:

• The surviving spouse and children
• Surviving parents and siblings
• More distant relatives, such as grandparents, aunts, uncles, and cousins

Beneficiary-Based Assets

It is important to point out that there are some assets that assign beneficiaries, and in the process, they avoid probate altogether. Prime examples include all the following:

• Retirement accounts
• Life insurance policies
• Trusts 
• Many financial investment tools  

These all flow directly to the named beneficiaries. 

Your Lost Loved One’s Will  

For your relatives will to be legally valid, all the following must apply:

• It must be in writing, which means it can be handwritten, typed, or printed, and it must be signed.
• Your relative must have been of sound mind when they created the will.
• If the will is not entirely in your relative’s handwriting and signed by them, such as if it is typed or printed, two witnesses who are not beneficiaries must have also signed it.
• The will does not have to be notarized. If it is, however, and if it is accompanied by a self-proving affidavit, it is a self-proving will, which will streamline the process of validating it during probate.

The will should name an executor – or someone whom the decedent trusted to manage their estate according to their wishes as it makes its way through probate. 

In addition, the will can name a guardian for any minor children. And it should lay out exactly how your lost loved one wants their assets to be distributed to their heirs. 

The Probate Process

The executor chosen by the decedent takes on the responsibility of managing the probate process, which includes each of the following steps:

• Filing the will and the application for probate with the probate court in the county where the decedent lived prior to death
• Waiting out the notice period, which involves posting notice to inform potential heirs and creditors of the estate, and generally takes about two weeks
• Handling the probate hearing, which validates the will, appoints the executor named by the decedent, and issues what are called letters testamentary, which afford the executor the authority to act on behalf of the estate
• Inventorying and managing all the assets included in the estate
• Notifying all creditors and paying all of the estate’s final debts
• Distributing the remaining assets to the decedent’s heirs as outlined by the will, which means in accordance with their wishes
• Closing the estate by filing the final documents

Your Estate and Probate Lawyer’s Important Role  

Your reputable estate and probate attorney will guide you through the challenging probate process ahead with an eye toward your related rights. Having trusted legal representation backing you up helps to ensure that your loved one’s legacy will be honored and that the assets they have left are distributed according to their wishes.

Skilled legal counsel can also help immensely when it comes to the challenging journey forward. In fact, their experience and legal insight can help streamline the probate process. In turn, your family will be better positioned to effectively manage your grief throughout this painful transition.

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

Brett Pritchard at The Law Office of Brett H. Pritchard is a seasoned estate and probate attorney who has a wealth of experience helping clients like you navigate the probate process as efficiently as possible – and with their inheritance rights intact. We are here for you, too, and we welcome the opportunity to help. Learn more by reaching out online or calling us at 254-781-4222 today.