What is Probate Law?

Probate law is not something that people commonly think about or something that comes up often in mainstream culture or legal news. However, it can be one of the most important legal processes you will come across. Probate deals with your last will and testament. It is the process of settling the estate of a deceased person.

When a person dies, his or her estate must be settled. This includes the resolution of all claims and the distribution of property based on a valid will. This process is a service provided by a surrogate court to confirm the validity of a will. Once a will has gone through probate, its authenticity is unquestionable. This protects the instructions of the deceased which allows for protection of several other things. Through protecting the instructions of the deceased, the executor is confirmed, the interests of family members are protected and the executor is protected against claims and lawsuits.

Probate may not apply to the entire estate in some cases. Certain things are passed on to another person contractually. Because they are under contract, these things cannot be questioned. This generally includes thing s such as the proceeds of a life insurance policy, bank accounts that name a beneficiary, property that is “jointly owned with right of survivorship,” or property held in a living trust.

Speak with an Austin Family Law Attorney

Probate can become a long and drawn out process. If you are drafting a will, you should learn more about the process. To do this, contact the Austin probate attorneys of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.