After the passing of a loved one, their will can provide some peace of mind in ensuring that family members’ financial needs are addressed. However, some may be concerned about how probate and family law influence the distribution of assets. Here is what you should know about probate in Texas and how an attorney can help.

4 FAQ About Probate

Why is probate necessary?

Whenever assets do not name a beneficiary as part of their associated contracts, they must be given through a will. However, to legally transfer the assets to the named beneficiaries, the will must go through probate. Texas law allows assets with contracted beneficiaries (such as a life insurance policy) to skip probate.

Do joint assets need to go through probate?

Joint accounts that are specifically designated with rights of survivorship do not have to go through probate. Common examples include homes and bank accounts. If a joint asset does not have this designation, however, it will still have to go through probate.

How soon do you need to file for probate?

Wills can be filed for probate up to four years after the death of your loved one. Naturally, the sooner you file for probate, the sooner all assets will be able to be transferred to the beneficiaries. If you wait longer than four years to file, Texas law views it the same as if your loved one died without a will. The state will then decide who inherits what.

What does the executor of the will do?

The executor of the will is typically an attorney who handles the probate process. They safeguard and inventory assets, notify potential creditors, and oversee the transfer of assets to beneficiaries. Texas law uses what is known as “independent administration,” which minimizes court involvement in the probate process, allowing the legal work to proceed quickly.

If you have concerns regarding probate or other family law matters, contact Anderson Law Firm in Texarkana, TX. For over 20 years, attorney Darren Anderson has helped area residents with everything from criminal defense to estate planning. To learn more about his practice areas, visit him online or call (903) 792-1229.