When a person dies without a will or any other estate planning in place, their assets will have to go through Probate. Probate is the legal process of distributing a person’s assets after they die. The Probate Court will appoint an executor (or personal representative) to carry out the deceased person’s wishes as outlined in their will. If there is no will, the court will appoint an administrator to manage the estate.
The first step in the Probate process is to file a Petition for Probate with the court. This petition starts the legal process and gives the executor or administrator the authority to act on behalf of the Estate. Once the petition is filed, notices will be sent to all interested parties, including creditors and heirs.
The next step is to inventory and appraise all of the deceased person’s assets. This includes any real estate, personal property, bank accounts, investments, etc. Once all of the assets have been valued, the executor or administrator will then pay any debts and taxes owed by the estate.
After all debts have been paid, the executor or administrator will then distribute the remaining assets according to the terms of the will or state law. If there is no will, the assets will be distributed to the deceased person’s next of kin.
Who Can File for Probate in Bexar County Courts?
There are a few different ways that someone can become the executor of an estate in Texas. The first is if the deceased person left a will that names an executor. The second is if the court appoints an administrator, which usually happens if the deceased person died without a will or if the will is invalid. And the third way is if the surviving spouse was named as a beneficiary in the deceased person’s will. If you’re not sure who has the right to file for probate in Texas, you should speak to an experienced probate attorney.
Read more at: https://san-antonio-probate.com/the-san-antonio-probate-process/
