When an individual dies, the friends or family members of that person must properly administer his or her estate. The administering of an estate includes paying any past due or final taxes that are owed, paying off any debts and determining which assets the deceased individual has in order to properly assess where these assets should be allocated. The administering of an estate further includes taking care of any will that the deceased left and determining where the assets from that will should go.

The laws surrounding the administering of an estate have become increasingly complex in recent years. That’s why it is important that the friends and family members of the deceased not only appoint the proper executor to the estate but that they also hire an experienced Texas probate attorney to represent them in times when such representation is necessary.

The probate of an individual’s estate involves the Courts sanctioning the administering of the estate in a formal and legal manner. The Texas probate process is in effect regardless of whether the deceased individual left a will. Under Texas probate law, a will determines how an individual’s assets are divided upon his or her death. In the case in which a will is not written, Texas laws of intestacy are enacted in order to determine who receives which assets of the estate.

When an estate application is submitted to the Courts, a hearing is set and a judge then rules on all matters pertaining to the estate. The heirs to the estate work closely with the executor of the estate, the Texas probate attorney hired to represent the estate and the judge assigned to the matter.

In terms of Texas probate, there are three main methods that are commonly used. First is the dependent administration of a probate. When a dependent administration of a probate is used, the estate and the executor of the estate must get approval of the probate judge anytime the estate wants to sell a piece of property, pay any bills, pay any taxes or disperse any assets to heirs. This process is meant to protect the estate through the use of a governing body overseeing any and all aspects of the probate.

The second type of Texas probate is called independent administration of a probate. When an independent administration of a probate is utilized in an estate, the executor of the estate is given powers by the Courts to handle any and all decisions that must be made by the estate. Once independent administration is granted, the executor of the estate may make any decisions on behalf of the estate without contacting the Court any further.

The third type of Texas probate is the muniment of title. This is least used of the three types of probate and may be unique to the State of Texas. A mumiment of title allows a will of the deceased to come forward years after the individual died and for the judge to announce that the will is a live legal document. Under a muniment of title, an executor of the estate is not necessary under the law.

Upon the death of a loved one, the friends and family members closest to the deceased must file an application with the county probate office. This application is a simple form that includes you providing information about the deceased as well as information about yourself and other close family members and friends.

Once the application is submitted to the Texas probate office, there is a two-week waiting period before a hearing on the estate takes place. During this waiting period, the application is posted at the courthouse for anyone to view. This is the period of time when someone can come and contest any will left by the estate.

After the waiting period, a Texas probate judge then hears the case of the estate. During this hearing, the judge announces that the Court has jurisdiction over the estate and that the individual is in fact deceased. The judge then looks at any will or application materials submitted by people applying to be the executors to the estate. The executor to the estate is then typically appointed at this time. If there is no one to contest who the executor should be, this is a simple process.

The judge in the Texas probate case then announces whether the will by the deceased is valid, the judge accepts a list of all properties and assets belonging to the deceased and the judge determines which individuals are heirs to the property and assets belonging to the deceased. At this time, those who say the deceased owes them money are given a chance to come forward and attempt to be paid for those debts. A posting of the estate hearing is typically announced in area newspapers, at the courthouse or on the Internet. These postings are meant to give any creditors ample time to come forward to announce that they are owed money by the estate before any assets can be dispersed.

The next step in the Texas probate process is typically a matter of handling any disputes involving the property or assets of the deceased. When there are disputes, the probate judge listens to all sides of the issue and hears from each of the individuals who stakes a claim to these assets. The judge then makes a ruling as to which individuals should actually be heirs and which should not.

The role of the executor of the estate is perhaps the most important role in the Houston or Dallas probate process. The family members and friends of the deceased should carefully consider who should be listed as executor to the estate before making such a decision. This probate issue is important because the executor of the estate is the individual noted on official court documents as the person who handles any tax or debt issues, paying out any assets to heirs and works closely with a Dallas or Houston probate attorney to determine which legal documents should be signed and submitted to the Courts.

The executor of the estate works with probate officials and with attorneys to determine how different situations are handled that may arise out of the estate. The executor of the estate should be prepared to put in many hours working on estate matters. Sometimes estates are not complicated and don’t require much work, but other times estates can be rather complex and take up considerable time.

There are several ways to avoid probate laws, if you don’t want the assets and properties of the older person to have to go through the processes of probate law upon death.

One of the most popular means by which families avoid probate laws is the use of joint accounts. If a piece of property or bank account is listed under two names and one dies, the account is automatically transferred to the other person without the interaction of any Court.

The other primary method people use to bypass the need for probate law is the use of a beneficiary designation. This is a designation used by banks and investment firms on accounts. When you designate a beneficiary on your accounts and you die, the accounts are automatically transferred to the beneficiary you designated on those accounts without the need for Court interaction.

Another method people use to avoid probate is the use of a living trust. A living trust is set up by an individual while he or she is alive to designate who the beneficiaries of the trust will be upon the person’s death. The only obligation the person has is to be sure to transfer any property deeds, monetary accounts and assets into the living trust prior to his or her death. When this is completed and the person dies, the trust is automatically transferred to the beneficiaries he or she designates. The living trust then supercedes any will created. The living trust is also not part of any estate.

You may determine for yourself whether you wish for you, your family members and your friends to go through the probate law process or to take steps to bypass Texas probate. The probate of an estate is an important process in the death of an individual, and the friends and family members surely want the estate to be handled properly.

The family members and friends of an estate should work to hire a qualified Texas probate attorney in order to make sure they take the correct steps when working with the estate of a loved one. An experienced Texas probate lawyer works on behalf of the family and estate to provide proper representation. When this is done, you can rest assured that the estate is in good hands and that the true wishes of the deceased will be kept at heart.