When a loved one passes away, many times their estate must go through a legal process called probate.  Probating a decedent’s Will involves filing an Application to Probate the Will and have Letters Testamentary issued.  A decedent’s will is typically filed in the county where the decedent resided at the time of his/her death  The Letters qualify the Independent Executor, (IE), to act on behalf of the decedent’s estate, which include payment of debts and distribution of property to the beneficiaries. Probate law and procedures differ from state to state as does the oversight by the courts of the administration of the estate.

Court-Administered Probate

Depending on the probate laws of your state, will determine if the administration of the estate is supervised by the court. If this occurs, the court empowers the executor to act on the estate’s behalf, notifying creditors and beneficiaries, paying off debts, and distributing any remaining assets according to instructions contained in the will. If your family member passed away without writing a will, their belongings will be distributed according to your state’s intestacy laws, with often unintended results.

Probate Process

Some states, including Texas, allow the IE to manage the decedent’s affairs without court oversight, and many offer streamlined programs for relatively small estates.  After the IE is appointed by the Court as the estate’s legal representative, a notice to creditors is published in a local newspaper informing the known and unknown unsecured creditors of the IE’s appointment.  If the creditors are secured, a separate notice is sent to each secured creditor.

The IE then begins the process, with the help of his attorney, to do what is written in the Will, i.e., distributing the decedent’s estate.  If disputes among beneficiaries arise, such as arguments over items of sentimental value not specifically mentioned in the will, the IE will have to resolve them before property can be distributed, while collecting and inventorying all of the estate’s assets. Some types of property, such as boats, vehicles, and real estate,will usually need to be retitled as they are distributed to the beneficiaries.

Other duties by the IE include notifying the beneficiaries that they are named in the Will and the filing of the Inventory Appraisement and List of Claims.  If their are assets owned by the estate, an EIN number will have to be created by the IRS in order to open an estate account so the funds can be distributed.

An experienced probate attorney can make the process of probating a loved one’s estate less stressful during this difficult time.  From their offices in Centerville, TX, The Law Offices of Charley Johnson has provided effective legal guidance for over 35 years, giving their clients peace of mind through even the most difficult issues. If you’ve been named as the executor of a loved one’s will, their team will guide you through the complexities of the probate law, reducing the stress of this complex process, so you can focus on your family. Visit their website for a list of their probate services today, or call (903) 536-2185 to discuss your legal matters with The Law Offices of Charley Johnson.