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Probate is not always required but often is

On Behalf of | Mar 11, 2019 | Probate & Estate Administration |

Most people likely do not find it ideal to jump into complicated situations after the death of a loved one. After all, taking time to process and heal emotionally is important. However, some scenarios may not be put off for too long, and that includes starting the probate process for the decedent’s remaining estate.

Because closing an estate takes place after a person’s death, it is likely that many Texas residents have not gone through the process before. As a result, they may not even know if it is necessary. In some cases, probate is not required, especially if the decedent had taken steps to avoid it or if assets have payable-on-death designations with named beneficiaries. However, most people do not take the time to plan to avoid probate, and it is often a necessary step.

If the deceased individual created a will, probate allows for the validation of the will to take place. If the will named an executor, that person will have the obligation of handling the proceedings associated with settling the estate, which can range from gathering assets to paying taxes to distributing property. As a result, probate can be a time-consuming process.

Additionally, many factors can influence exactly how probate proceedings need to be handled for a specific estate. Though the general steps to this process are similar across the country, Texas state laws could come into play. Plus, some estates and assets could be more complicated than others. If individuals are concerned about properly settling their loved ones’ final affairs, they may want to consider working with legal professionals who understand this process.