If you have lost a loved one, you are facing a challenging journey forward, and the probate process can further complicate the matter. While you focus on moving through the loss you are experiencing, a savvy Williamson County estate and probate attorney at The Law Office of Brett H. Pritchard welcomes the opportunity to help.  

The Probate Process

The probate process is the legal system for resolving estates. When you lose a close relative, or someone who makes you their heir, their estate will move through probate, which is a complex process. All of their assets and properties, including family heirlooms, make up their estate, and if they have a legally valid will in place, these will be distributed according to their wishes during probate.

Without a Legally Valid Will

Without a legally valid will, the probate process is likely to be more challenging, time-consuming, and costly. It can also turn the drama up several notches, which makes legal difficulties like disputes and contests more likely. 

If your relative does not have a will that outlines their wishes regarding the distribution of their assets, the laws of intestacy in Texas will prevail. This means that the following relatives will be prioritized in the following order:

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

With a Legally Valid Will

If the relative you have lost has a legally valid will, it likely names an executor whose job it is to guide the will through probate while managing each of the steps along the way. If the will does not name an executor, the court will assign an administrator to fill a similar role. This is generally a close relative of the testator, or the person whose will it is.  

If you are an heir of the testator, everything you are entitled to will be addressed in their will, which expresses their wishes on the matter. This helps to take the question mark out of inheritance and can help limit the stress and even estrangement that can accompany property division.

Determining Legal Validity

In order for a will to be found legally valid, all the following must apply:

• The testator was at least 18 years old and of sound mind when they created the will.
• The will is in writing, which means it can be typed, printed, or entirely in the testator’s own handwriting.
• The will is signed by the testator and, if it is typed or printed, is also signed by two witnesses. A handwritten will does not require witnesses.

In Texas, a will does not require notarization. However, to be self-proving, which streamlines the validation process, it must be notarized and include a self-proving affidavit. 

Navigating The Probate Process 

The executor of the estate assigned by your lost loved one will guide the will through the probate process. This begins with filing it with the clerk in the county where the testator lived at the time of their death. From here, the court will validate the document and post notice that probate has opened.

Next up, the court will formalize the appointment of the executor identified in the will or will name an administrator if the will does not address the matter. The executor’s job is managing each of the steps on the path forward toward finalization, which includes each of the following:

• Securing, inventorying, and appraising the assets included in the testator’s estate
• Formally notifying the testator’s creditors who will go on to present their claims
• Using estate funds to address all valid debts and final taxes
• Distributing all remaining assets according to the testator’s stated wishes
• Filing the final legal forms with the court and closing the estate

How a Seasoned Estate and Probate Lawyer Can Help

Guiding an estate through the probate process is challenging in the best of times, and it is not uncommon for legal difficulties to arise. When you work closely with a trusted estate and probate attorney, it can afford the peace of mind you are looking for. They will provide thoughtful legal guidance throughout. This includes helping to avoid disputes and contests but also ably handling any that do arise – while fiercely safeguarding your inheritance rights. 

You Need an Experienced Williamson County Estate and Probate Lawyer on Your Side

If you are dealing with an estate and probate matter in Williamson County, it’s always best to contact an estate and probate attorney. Brett Pritchard at The Law Office of Brett H. Pritchard is a focused lawyer with the necessary experience and legal skill. He uses this background to the great advantage of every client he faithfully serves. Learn more about what we can do to help you by contacting us online or calling us at 254-781-4222 and scheduling a free consultation today.