El Paso Probate in a Nut Shell

When my father passed away a year ago, I was not looking forward to making the experience even more painful by undergoing a long, drawn out El Paso probate process. Luckily, before my father passed, he had lined up a reputable El Paso wills lawyer to help us settle the estate and administer assets. The Texas probate process is relatively straight-forward, but it tends to flow much smoother when you have a good lawyer on your side. To begin probate, you submit a will, along with an application. If your loved one didn't leave a will or it is no longer valid, it will be left to the court to determine heirship.

Once the court has formally recognized the death, they will authorize the administration of the estate. This aspect of the process can be overwhelming, but if you have help from a lawyer who is competent in El Paso probate (or wherever you live) matters and estate planning, it should be relatively painless. The court will appoint an estate administrator who will take on that role either dependently or independently. The preferred method in the state of Texas is independent administration. This is because it allows the executor to allocate assets free of judicial supervision, and with minimal delay and cost. Dependent administration, on the other hand, keeps the court involved in the approval process for matters that could otherwise take place without court approval.

If there are disputes over who is designated to administer the estate, those matters are settled in court. Once the executor is determined, all of the property under the estate is listed, as well as any money owed. If no will is available, the court will appoint "heirs at law" and any creditors who are owed money by the deceased will be given a chance to seek payment out of the estate. After debts to creditors and administration costs are paid, the assets that remain are either delegated to the heirs at law as appointed by the court or the beneficiaries under a valid will.

If this all sounds a little baffling, I certainly understand. It was definitely intimidating to me at first, especially since I was also dealing with the loss of a loved one. As I said before, however, having a respected El Paso probate attorney to facilitate the process makes it all much easier to take in during this especially sensitive time. If you want to save yourself and your family the anguish of wading through confusing documents, legalese and settlement disputes, do yourself a favor. Hire a competent, experienced El Paso probate lawyer to make the process as painless and efficient as possible, so you can concentrate on what matters most to you during your time of grief.

About The Author Written by Kacy Suther. El Paso probate lawyer Watson & Maynez specialize in probate law. Texas residents can find their El Paso probate attorney or El Paso wills lawyer at elpasowillsprobate.com .