Probate & Estate Administration
When someone dies, their written directives determine how their assets will pass. A Probate Court oversees the administration of the decedent’s estate. Leaving a Will is essential if you want to protect your assets and make sure your final wishes are respected.
At the Law Office of Steven Early, we have been helping our clients with Estate Planning (including drawing up Wills) and Probate issues for more than ten years. If you have questions regarding the easiest, least expensive way to settle an Estate, contact our office for a free consultation.
The Estate Plan Vs Probate Settlement
If the deceased left a Will...
If there is a Will, Probate Administration is a relatively simple process, especially if it is an uncontested Probate. The court will transfer the assets using the following steps:
- Authentication of the Will
- Signing of an appointed executor
- Satisfying outstanding debts
- Filing an inventory of assets
- Distribution of wealth
- Closing of the estate
If the deceased did not leave a Will...
If there is no Will, arriving at a Probate settlement is more complicated. The assets and debts will be distributed according to Texas Probate law, with the court paying the debts and deciding who gets what. If there is a Probate Court dispute, Will execution can take weeks, even months and must be funded by the deceased's estate. Once the court reaches a Probate agreement, it distributes the remaining assets accordingly.