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Blog 2017 December Probate 101
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Probate 101

Posted By Law Office of Kathryn Marteeny || 29-Dec-2017

After a person passes away, their estate is accounted for and distributed among their family, friends, and even creditors, all according to a special court process known as probate. During the probate process, the executor works in tandem with the court to ensure that the deceased’s last wishes are granted in regards to their property and possessions. If no will or executor is available, the probate court selects a person it considers the most fitting to carry out matters.

While most states use the Uniform Probate Code (UPC) to carry out probate matters, Texas does not. Instead they use a similar protocol that governs what documents are required, what information must be included, and when everything must be filed. Below is a breakdown of the process in three categories: getting things in order, distributing the estate and closing the estate.

Getting Things In Order

The first thing to do is appoint an executor to protect the deceased’s will. The next step is to file an application for probate. The executor will need to notify the deceased’s heirs, beneficiaries and creditors. Finally, a witness will need to validate the will and important court-required documents will need to be filed.

Distributing the Deceased’s Estate

The executor will need to get an estate ID number from the IRS and notify the welfare or state department of the deceased’s death. They will also take inventory of the assets and prepare for and file the deceased’s income tax returns. Finally, they will need to notify creditors to pay off any debts.

Closing the Estate

Once creditors are paid off, the executor will need to notify loved ones to let them know about the last estate hearing. They will then step in the probate process and get approval to distribute assets to family and friends. After all assets are distributed, the executor must request to be relieved of their probate responsibilities.

At the Law Office of Kathryn Marteeny, we understand how complex the probate process can be. If you need assistance estate planning, contact our Houston probate lawyers today.

Call (713) 936-2300 or contact us online for an initial consultation.

Categories: Estate Planning

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