How Probate Works

Probate is a very important legal process that involves the settlement of the estate of the deceased. This can be a very important process because it is used to iron out the details of your last will and testament. Because of this, a certain process must be followed.

The first thing that the personal representative must do is to collect all of the property of the deceased. This should happen shortly after the probate case is opened with the court. All of the property must also be inventoried.

Once this is done, the representative must pay off any and all debts and taxes owed by the deceased. This must happen before anything can be distributed.

When all the taxes and debts have been paid off, the representative can finally begin distributing the property to the beneficiaries. This must be done according to the will left behind by the deceased.

Disputes may occur all throughout this process. This, however, complicates things greatly. Anyone may make a claim on the estate. This is done through petitioning the representative or the court. If this does not work, the claimant can file a lawsuit to try again. This makes the court treat the case more formally. Unfortunately, this can lead to the court having to approve every transfer of property. This delays the probate process a great deal.

An Austin Probate Attorney Can Help

Probate can become very long and drawn out because of this. If you are drafting a will, you should talk to an experienced probate attorney. Contact the Austin family lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.