Houston Probate
At the Duke Firm, PC, we understand that when grieving the loss of a loved one it may be difficult even to think about, let alone understand, the process of distributing the loved one’s assets. Probate is the legal procedure in which a will is proved to be valid, and the assets of the estate are distributed as directed in the will. In Texas, the probate process begins with the collection of the assets of the decedent (the person who died) and determining the debts and liabilities of the estate, including taxes. Once the assets have been gathered and the liabilities paid, the assets are distributed as set forth in the will.
The probate process in Texas is started with filing certain documents that a knowledgeable Houston wills attorney will draft and file. There are various types of probate, including muniment of title, dependent administration, and independent administration. Each type of probate has different requirements and applications, and an experienced probate attorney will advise you as to which may or should be used in your case.
The executor of the estate is an individual either named in the will or appointed by the court. The executor is the person charged with marshalling the decedent’s assets and meeting the estate’s obligations. Because of the importance of his role, the executor must act scrupulously to carry out his responsibilities or face legal action by those with an interest in the will.
The probate process is also where a challenge to the validity of a will takes place. If an interested party believes that the will is not valid for some reason, including that the decedent was not of sound mind or was subject to undue influence, or that the will is a forgery, the court will hold a hearing. At the hearing, all interested parties will present evidence in support of their positions, and a determination as to the validity of the will be made.
