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  • Estate Planning Attorney in Tyler, TX

Tyler Texas Probate Lawyer: Probating a Will in Texas

Tyler, Texas probate lawyer, Daniel Gibbins guides clients through the probate process. Many people are unaware of what a probate lawyer does.  In short, probate is a court process that determines if a Will is valid. The court also oversees payment of creditors and ultimately distributes assets to beneficiaries. Typically, the executor named in the Will begins the probate process. Interested persons can file an application for probate in Texas. The probate of a Will should be filed in the county where the person lived at their time of death.

What is an Executor?

After a probate hearing requested by a probate lawyer, an Executor may be appointed to administer the estate of his or her loved one and issued “Letters Testamentary” by the Court. This person must be qualified and approved by the Court before taking any action or exercising authority over the estate. Banks, and other financial institutions will not turn over assets without Letters Testamentary proving the Executor has been properly appointed.

Executors have many responsibilities. First, they must gather all probate assets. Secondly, they notify estate creditors of their appointment as Executor. Additionally, Executors must pay final estate debts and distribute the remainder of the probate assets to named beneficiaries. Typically, Executors will also file a final tax return for the Decedent and create an inventory of all probate assets to be filed with the Court.

How long do I have to Probate an Estate?

Wills must be filed for probate within four years of death. If the Will is not filed within four years, the intestate heirs have an interest in the estate and must be notified.

What is a Probate Asset?

 A probate asset is any asset that is not transferred automatically after death through a beneficiary designation. Common probate assets include homes, land, and assets owned jointly as tenants in common.

Where do I start?

Overall, probate in Texas is not as expensive, time consuming, or complicated as in other states. If you have recently lost a loved one, and believe a probate may be necessary, Daniel Gibbins, a Tyler, Texas probate lawyer, can guide you through the probate process. By doing so, you can ensure assets are transferred efficiently to beneficiaries. To request a consultation, please contact us by phone or email and we’ll be with you as soon as possible.