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What is Probate and How Does It Work?

Probate is a legal process. One that is triggered once someone has passed away. Probate’s the method by which a court formally recognizes the death and oversees the administration of the deceased’s estate.
Probate makes sure that the deceased’s final wishes are accurately honored, their assets are distributed the way the deceased intended, and that any of their outstanding debts are settled. By better understanding how probate works, much of the stress and worry about assets can be alleviated. As a Dallas probate law firm, we can help you understand all of the details involved with probate.

Defining Probate

Probate is the judicial procedure that validates a deceased person’s Will and manages their estate according to the terms set forth in that Will. If there is no Will, instead of a probate procedure, the estate is administered and the estate is distributed according to state intestacy laws, which dictate how assets should be divided among heirs. The primary functions of probate are:
  1. To authenticate the Will: This confirms that the Will is still legally valid and truly reflects the deceased’s post-death intentions.
  2. To appoint an Executor or Administrator: Probate also designates an individual to manage all the estate’s affairs.
  3. Administer the Estate: The probate process will handle the process of collecting assets, paying or otherwise resolving debts, and distributing property.
  4. Resolve Disputes: If any disputes or claims happen to be filed against the estate, probate can also help clear up these legal hurdles.

How Probate Works:

1. Filing the Will and Petition for Probate: The probate process begins with the first step — filing the deceased’s Will (if available) and submitting a petition (called an application) for probate with the appropriate court. This petition asks the court to validate the Will and to appoint an executor. If there is no Will, the court appoints an administrator to handle the estate. (See more information about Probate without a Will here.)
2.Validating the Will: The court then will review the submitted Will to make sure it meets all legal requirements. This review process includes the verification of proper execution and that the testator (the decedent or person who made the Will) was of sound mind at the time of its creation. If the Will is contested by any party, the court might hold a dispute hearing to assess the validity of the Will.
3. Appointing an Executor or Administrator: If an executor is named, the court next officially appoints them to manage the estate. (Note: If no Will exists, the court can appoint an administrator. This is often a close family member, friend or a party with any kind of legal interest in the estate.) This appointee is responsible for carrying out all estate administration duties.
4. Notifying Creditors and Beneficiaries: The executor/ administrator has to then notify all known creditors and beneficiaries of the probate process. This creditor notice allows all owed parties to file claims against the estate. It also provides beneficiaries with information about any potential inheritance.
5. Inventorying and Appraising Assets: The executor/administrator is also charged with locating and documenting all assets owned by the deceased. These assets may include things like real estate, bank accounts, personal property, and investments. An official appraisal of these assets may be required. This appraisal is performed to determine the true value of these assets for both accurate distribution and for tax purposes.
6. Paying Debts and Taxes: Before distributing any assets, the estate is required to settle any outstanding debts and taxes. The executor or administrator then pays off any creditors or resolve debt issues, plus dealing with any estate taxes owed, as well as addressing any other financial obligations. This is a very crucial step as it ensures that the estate’s liabilities are resolved – before distributing any assets.
7. Distributing the Estate: After all debts and taxes are settled or paid, the executor or administrator can then distribute the remaining assets according to the terms of the Will. Note: if there is no Will, this distribution would be performed according to state intestacy laws. (For more information on Probates without a Will, read here.) The distribution process can involve the transference of property titles, the disbursement of funds, and ensuring that beneficiaries do receive their designated shares.
8. Closing the Estate: Most probate estates are never closed, rather they are left open in case unknown assets are discovered years later or other issues arise. However, sometimes it is desirable to close an estate. Once all of the assets have been distributed and all of the probate’s obligations are met, the executor or administrator will then file a final accounting with the court. This “final accounting” document can be seen as a detailed summary of the estate’s administration, which focuses on how all the assets were managed and distributed to the appropriate parties. The court will then review this final accounting and, if everything seems to be in order, will formally closes the estate.

Why Probate is So Important

Probate serves several crucial functions:

  • It ensures Legal Compliance: Probate ensures that the deceased’s estate is properly handled according to specific legal requirements. It provides a very structured process for accurately distributing assets and resolving all debts.
  • Probate Provides Closure: One of the best aspects of probate is that it provides comforting closure for the deceased’s family and beneficiaries. It ensures that the estate is settled in a fair, efficient manner and fulfills their lost loved ones last wishes.
  • It Resolves Disputes: Probate gives a step-by-step structure for resolving disputes among beneficiaries or creditors. This helps to address any conflicts that sometimes can arise during the administration of the estate.

Challenges and Considerations of Probate

While probate provides a necessary legal framework a Dallas probate attorney to help manage an estate, it can also present challenges. Here are some “Cons” of Probate:

  • Length of Time: Probate can take a long, long time. It often can take several months to over a year to complete. The probate length depends a lot on the complexity of the estate and any potential disputes that arise.
  • Costs: Probate costs money. Numerous court fees, legal fees, and potentially costs for appraisals and other administrative expenses can add up and affect the overall value of the estate.
  • Potential for Disputes: When beneficiaries or claims by creditors complicate the probate process, it can eventually lead to delays and possibly even additional legal proceedings.

Finding Professional Probate Guidance

Navigating probate can be intimidating. This is an extremely complex process so having a professional helping you along the way will smooth the process out and make it much more manageable.  You need a Dallas probate lawyer to guide you. 

Christopher L. Smith provides thoughtful and personalized assistance in all Dallas probate matters. He and his team can ensure that the estate is administered efficiently and in full accordance with the law.

If you need help with a Dallas probate case or just need assistance with managing an estate, please contact Christopher L. Smith to schedule a consultation. With extensive experience as a Dallas probate law firm, Christopher and his team can guide you through each step of the process, address any challenges that might arise, and provide the support you need during this time. Please reach out to us today to learn more about how Christopher can assist you in effectively managing and settling an estate.

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Probate is a legal process. One that is triggered once someone has passed away. Probate’s the method by which a court formally recognizes the death and oversees the administration of the deceased’s estate.
Probate makes sure that the deceased’s final wishes are accurately honored, their assets are distributed the way the deceased intended, and that any of their outstanding debts are settled. By better understanding how probate works, much of the stress and worry about assets can be alleviated. As a Dallas probate law firm, we can help you understand all of the details involved with probate.

Simply put, probate is the legal process which involves the court recognizing a person’s death and helps oversee the administration of deceased’s estate. Without a Will present, this process is referred to as “intestate probate.” Intestate probate means that the court will determine how to distribute the deceased’s assets in alignment with Texas state laws, rather than according to the deceased’s specific wishes.

Heirship determination is a legal process used to identify the heirs of an estate when a person dies without a valid will or when there are disputes about the will’s validity. The probate court will review evidence to establish who the legal heirs are according to Texas intestacy laws.

Inheritance law governs how an individual’s estate is distributed after their death. In Dallas, as in the rest of Texas, inheritance laws are designed to ensure that assets are distributed fairly and according to the decedent’s wishes, or, if there is no will, according to statutory guidelines.

Estate planning may sound like something only the wealthy or elderly need to do, but it’s actually critical for anyone who has possessions they care about—like finances, land or buildings and even pets—and who wants to make sure those assets go to the right people, should something happen to them.

Imagine you have a good amount of money saved up, a pricey car, and other valuable assets, but you didn’t leave any instructions about what should happen to them if you pass away. Lacking an official estate plan, the government may step in and unilaterally decide what happens to your belongings…and they might not go to the people you want. This is why planning ahead is so crucial—it keeps you in complete control.
If you die in Texas without good estate planning, dealing with your estate can be expensive and stressful for your loved ones, and take a long period of time in Dallas County.  This is why having an estate plan in place, even a simple will, is as important, or maybe even more important, to families of modest means as it is for more wealthy families.
Family law encompasses legal matters that involve familial relationships, such as marriage, divorce, child custody, termination of parental rights, adoptions and more. It also includes cases like prenuptial agreements, domestic violence, and child support. Dallas family law is designed to handle these delicate and often emotional issues with fairness and justice.
In Dallas, family law is governed by both state and local rules. The Texas Family Code provides the framework for resolving family disputes, but local courts in Dallas may have specific rules and procedures that must be followed. This is where a seasoned Dallas family law attorney can provide crucial guidance.  Dallas family cases also must adhere to requirements of the Texas Property Code, Texas Rules of Civil Procedure and other bodies of law.

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Christopher Smith Law Office is a probate law firm providing legal representation in family law, inheritance law and estate planning.

  • 12222 Merit Drive Suite 1277 Dallas, Texas 75251
  • info@csmithlawoffice.com
  • 972-303-4701
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