Losing a loved one is one of the more difficult experiences a person is forced to endure. The feelings of loss are then compounded when the complexities of dealing with the estate come into play. Hiring a knowledgeable lawyer can help to ease your mind by plainly explaining the nuances of Texas’ probate laws and ensuring you receive the property you are entitled to. The guide below explores this process further.

What to Know About Probate Law

What is probate?

“Probate” is the legal process of wrapping up a deceased person’s financial matters. If the decedent had a will at the time of death, the court will distribute assets, both real and personal property, according to the document. If the decedent did not have a will, a person known as an “administrator” handles the estate.

How are assets distributed to the decedent’s heirs when there isn’t a will?

If the decedent was married with children at the time of their death, Texas’ probate laws require that all community property must be distributed to the spouse in addition to 1/3 of the decedent’s separate property with the surviving children inheriting the remainder.  If the decedent was single and without children at the time of death, all property is transferred to the surviving parents.  If the parents are no longer alive, all property is then distributed equally to any surviving siblings.

How can a probate lawyer help?

While sometimes straightforward, it is not uncommon for the probate process to become complex. For example, a dispute may arise between the heirs over certain assets or the will may be contested on the grounds that the deceased was not mentally competent at the time of signing. Even without these added issues, going through probate can be time-consuming. A lawyer has not only the resources but the knowledge to gather and file paperwork correctly so that matters of the estate can be resolved as quickly as possible.

If you’ve recently lost a loved one and want help understanding probate law, turn to The Law Offices of Charley Johnson. For over 35 years, he has been serving Leon County, TX, residents, helping to lessen their burden during particularly difficult times in their lives. If you are looking for a probate attorney with integrity, call 903-536-2185 today. To explore his other areas of practice, visit his website.