Probate Legal Services

Generally speaking, a decedent's assets cannot pass to his or her beneficiaries or heirs without a court first appointing a personal representative to administer the decedent's estate.* The personal representative will, among other things, identify and gather assets, negotiate with any creditors of the estate, and distribute all property remaining after payment of court approved debts decedent's heirs or beneficiaries. Additionally, before a decedent's assets can be distributed, the individuals entitled to receive those assets must be identified. Furthermore, a decedent's assets cannot be distributed to a decedent's heirs or beneficiaries until they have been identified by the court.

 

In a testate estate, beneficiaries are usually named in the decedent's will but are only entitled to inherit if the court determines the will is valid and admits it to probate. In an intestate estate, the decedent's heirs are determined by the court after applying the relevant sections of the Texas Estates Code. A decedent's assets may only be distributed to his or her properly identified beneficiaries or heirs.

 

Without an administration and, in an intestate estate, an heirship determination, the assets of a decedent's estate cannot pass to his or her beneficiaries or heirs. If you believe you may have an interest in a deceased loved one's estate, or believe that there is a valid will that needs to be admitted to probate, contact our office today.  We would love to help you through this process.   

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*For smaller estates, there are options for transferring property without the appointment of a personal representative, but those options are only available in very limited circumstances and still require court involvement.