Estate and probate law is a complex branch of the law that addresses finalizing estates and distributing assets to beneficiaries when there is a will and to heirs when there is not. If you have lost someone you stand to inherit from, you are facing a difficult grieving process and a challenging legal matter. Consult with an experienced Woodway estate and probate attorney today. They will ensure your legal rights to the estate are protected and you understand the probate process.

What Is an Estate?

While the term estate has a grand ring to it, it refers to all the assets owned by an individual at the time of their death, including family heirlooms. An estate can be quite modest, immense, or anything in between. The bottom line is that your loved one’s estate reflects their legacy, and distributing the assets in accordance with their wishes honors their memory. 

It is important to note that any assets that are beneficiary-based bypass the probate process and are not addressed by wills. These financial tools flow directly to the named beneficiaries, and common examples include retirement accounts, life insurance policies, and certain investments.

What Makes a Will Valid in Woodway?

If your relative left a legally valid will, the terms included will ultimately prevail. To be legally valid, however, they must have been at least 18 years old and of sound mind when they created the document. The will must also be in writing, which means that it can be typed, printed, or written completely in your relative’s handwriting. Finally, the will must be signed, and if it is not handwritten, it requires the signatures of two witnesses who are not beneficiaries. 

If Your Loved One Leaves a Will

If your loved one left a legally valid will, it means that their assets will be distributed according to their wishes as outlined in their will. This not only helps to streamline the inheritance process but can also help lessen the risk that disputes or contests will arise. 

Most wills assign an executor of the estate. This is a person whom the testator – or the person who created the will – trusts to manage the probate process, which includes a range of legally complex steps. If the testator does not name an executor, the court will assign the very similar position of administrator during the probate process. This role usually goes to a close survivor of the testator. 

Losing a loved one is a challenging experience, and it is not unusual for emotions to run high. When there is a will to guide the path forward, it can help soothe nerves, which can prove advantageous.

If Your Loved One Leaves No Will

If your loved one leaves no will, it is called dying intestate, and the Texas laws of intestacy will determine how their estate is ultimately distributed. Texas prioritizes the following survivors in the following order:

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

If your loved one dies intestate, you can expect the probate process to be lengthier, more costly, and potentially more contentious. The additional step of determination of heirship is required, and it tends to come with serious complications of its own.

What Is Probate?

Probate is the process of validating the decedent’s will if they have one and the administration of their estate. There are several critical steps involved, and the executor is tasked with navigating each on the journey forward toward finalization, including:

• The executor locates the testator’s will and files it with the probate court.
• The probate court validates the will, which is a more streamlined process when there is a self-proving affidavit attached.
• The probate court officially appoints the executor named in the will or assigns an administrator if there is no executor named.
• The court posts a public notice that probate is open.
• The executor notifies all known creditors and addresses all final bills, claims, and taxes.
• The executor files a complete inventory of all the assets in the estate, including all relevant appraisals.
• All remaining assets are distributed according to the testator’s wishes if there is a will and according to state law if there is not.

An Experienced Woodway Estate and Probate Lawyer Welcomes the Opportunity to Help You

An experienced Woodway estate and probate lawyer can help you manage your estate and probate planning to ensure your wishes are carried out upon your death.  Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Woodway estate and probate attorney who has the experience, legal skill, and insight to fiercely protect your inheritance rights throughout the probate process. We are here to help you, so please do not delay reaching out for more information by completing our online form or calling us at 254-781-4222 to schedule a free consultation today.