Probate is the legal process through which a deceased person's will is approved as a valid document and their estate is administered. It ensures all debts are settled, property is transferred to the appropriate parties, and assets and personal belongings are distributed to the designated beneficiaries. Probate attorney Ronald D. Zipp, Attorney at Law, provides legal representation to clients at his law firm in New Braunfels, TX, and explains the process.

3 Steps of Probate

1. Alert the Court & Beneficiaries

You first must file a petition with the probate court alerting them to the person’s death. If the deceased left a will, the document will be admitted to the courts and its designated executor will be appointed officially. If the deceased did not have a will (known as an intestate estate), the probate court will nominate someone to administer it. You then must alert prospective beneficiaries of the death; this can be done by sharing the court notice with the deceased's heirs and through a general announcement in local newspapers.

2. Take Inventory of the Estate

The next step involves creating an inventory of the estate. Before you start going over its assets, contact all creditors to whom the deceased owed money and notify them of the death. Then, as an executor or administrator, you must tally all the property and assets owned by the deceased. Once the inventory is submitted to the probate court, creditors can choose to make a claim on the estate's assets.

3. Pay Outstanding Balances

All costs associated with the death, such as funeral, cremation, and burial, as well as the estate, including court costs and attorney fees, should be paid from the estate. Outstanding debts and taxes also should come out of the estate. Once all debts are paid and probate matters are settled, property can be transferred according to state intestacy laws to the rightful heirs.

To enlist the guidance of a legal professional to help you through the probate process, contact Ronald D. Zipp, Attorney at Law. He offers representation in estate planning, family law, and personal injury cases. Call (830) 629-5600 or contact the law firm online to learn more about their services. Check their Facebook and Google+ pages for more legal tips and updates.