Many people have heard of the cheap mlb jerseys probate and estate settlement process but wonder what it is and what the probate process entails. To put it simply, probate is the process the probate court uses to make sure the deceased person’s creditors are paid through estate settlement and that anything left goes to the deceased’s beneficiaries.
Unfortunately, the probate and estate settlement process can be anything but simple, depending on the size and nature of the assets to be administered, the number of parties involved in the probate and estate settlement process, how well those parties get along, and many other factors. Complex probates and estate settlements are made all the worse by the fact that the family is in a state of mourning and under a great deal of stress. The last thing most families want to deal with at a time like this is the probate court system.
The process of probating a person affairs takes place in the Probate Court of Hidalgo County in the State of Texas. Homero Garza, Judge presides over the Court.
Your Attorney will prepare and file the Petition for Probate with the Judge. Then the time line starts and can be as short as a few months to as long as a few years to complete. It all depends on the complexity of the Estate and the Assets involved.
If your loved one has a will, you need to find it and read it. You may use the same lawyer that prepared the will or use another one. In oakley outlet some cases the will is in a secure place, like a bank safety deposit box, and you will need a lawyer to file papers with the Court to grant access to the box. In some cases, your loved one passed away without a will, and then Texas Probate has a certain procedure for that, which you will need a lawyer to prepare papers for. In any case, you must pick an wholesale nfl jerseys experienced lawyer that practices Probate Law.
The process is actually fairly easy to start. Whether a will is present or not, an application for probate must be filed with the proper Texas probate court in the county where the decedent resided.
After the probate application is filed, there will be approximately a two week waiting period before a and hearing is held for the application. During this time, the County Clerk will post a notice at the courthouse stating that a probate application was filed to authentic nfl jerseys serve as notice to anyone who may contest cheap jerseys the will or administration of the estate. If no contests are received, the probate court proceeds in opening the administration.
After the waiting period, a hearing will funções; be presided over by a Texas probate judge. He will legally recognize the decedent’s death and the jurisdiction of the court over the case; verify that the decedent had a valid will or that wholesale china jerseys there was no will; and appoint an administrator or verify the person named as Executor or Executrix.
Once an Executor or administrator is officially named to the estate, that person must catalogue and report all the assets held by the estate.
If the decedent had a valid will, the Executor will notify beneficiaries of the estate. In the event no will was filed, the probate court is charged with the task of determining heirship in Texas.
Most decedents leave behind cheap jerseys debts that must be resolved out of their estate. Medical bills, mortgages, household expenses, etc. will be paid from the estate. Before they are paid, however, creditors must be notified of the decedent’s death wholesale jerseys china by the estate’s Executor and cheap oakley sunglasses given the opportunity to file claims against the estate. This can be done with a notice published in the local newspaper.
If family members or other potential beneficiaries are contesting a will in Texas or file other grievances, these will be heard by a probate court judge and resolved before the estate can be finalized.
Once the debts and expenses of the estate are resolved and any contests of the will are cleared up, the remaining assets of the estate are then distributed to the beneficiaries.