Probate of Will Lawyer in El Paso, TX
Choose The Law Office of Steve Ortega to help you through the probate of will process
The probate of will process can be complex; guidance from a knowledgeable legal guide can help when a loved one passes away. Their estate must be assessed and distributed through the probate process. The Law Office of Steve Ortega, PLLC, helps clients decide their best path for probate in El Paso, Texas. Probate law refers to the process of the court overseeing the distribution of assets belonging to a person that has passed away. The probate process can be overwhelming, time-consuming, and costly. At the Law Office of Steve Ortega, PLLC, we provide expert guidance, and we are committed to providing an affordable and efficient process for you.
Why Is Probate of Will Required?
When transferring any legal title to property from one person to another, like a signed contract, a recorded deed, or something similar, the transferor must sign. For example, there could be an executed deed recorded with the county clerk, or the bill of sale is signed and filed with the DMV. When a person is deceased, they cannot sign the transfer, but when the probate process is started, the court can transfer the property to any identified beneficiaries.
The Probate Process
When a person passes away their Will and administering their estate, which involves paying off any debts and distributing the assets to any beneficiaries, must go through the probate process in court. Their Will must be filed with the probate court; usually, the person who files is the executor or the representative named in the Will. There are several formalities and requirements that the executor must follow, and the process could take time. The time depends on the complexity of the estate and if anyone contests the Will. Once the Will is submitted to probate, the executors must wait for a scheduled hearing.
Probate With or Without a Will
What if my loved one passed away and there is a Will?
If a Will in place and a testament have been drafted, it will be admitted to the probate court, and assets will be distributed according to the Will.
What if my loved one passed away, and there is no will, or I cannot find the Will?
If no will exists, an executor or administrator will be appointed, either according to the Will or Texas law which must carry out the probate process to help make sure the estate is distributed correctly.
Probate Proceeding Steps:
1. Filing: Filing an application for probate in the county where the deceased lived to probate the Will.
2. Courthouse: Sending notice of probate at the courthouse.
3. Validation: Validating the Will before a judge.
4. Inventory: Finalizing an inventory of all assets.
5. Beneficiaries: Identifying any beneficiaries named in the Will.
6. Creditors: Informing creditors.
7. Disputes: Settling any pending disputes.
8. Allocation: Allocating the assets to the beneficiaries.
In some cases, the probate process can extend if there are family disagreements, or anyone contests the Will. If that happens, a hearing will be scheduled, and the judge will resolve any disputes.
Here are a few Probate key terms that can help those involved in the probate process:
Validity- If there is a Will in place for the person that has passed, the probate process will determine if the Will is valid. If a family member has reason to contest the Will, it will be taken to court to determine its validity.
Appraisals- Major parts of the estate like a home, business, or family inheritance are subject to being appraised to determine the actual value.
Debts- If there is debt or taxes owed when the person passes away, probate will determine how to handle them.
Distribution- Once the probate process is completed, the estate's assets can be distributed to the beneficiaries.