How a Will is Probated

When an individual dies and leaves a will for his or her estate, the will must go through probate to be legally validated. Almost any will involves passing on property to a new owner or resolving financial matters, such as paying off loans or other debts. In probate court, an individual with legal authority will formally probate the will, meaning that it will be checked for validity and the legal ownership of property will be transferred.

When an individual passes away, the personal representative or executor named in the will is charged with the responsibility of handling the estate. Once the executor is appointed by the court, he or she has the legal authority to manage the estate. At this point the property of the estate will be cataloged and preparations will be made to pay back any debts. The estate remaining after all debts are paid will then be divided among the beneficiaries as the will specifies.

For complex estates involving more than one beneficiary and multiple assets, it may be in the executor’s best interest to hire a probate attorney for assistance. A probate lawyer understands the details of the probate court process and can help the executor stay on schedule while the probate process is ongoing.

He or she can also verify that the necessary legal actions are taken to properly pay back debts and divide property among beneficiaries. This can help to ensure that the probate process is conducted correctly so that the executor is not penalized for improper handling of the estate.

Contact Us

Probating a will can be a complex undertaking. For sound legal advice on how to handle an estate as an executor and how to negotiate the probate court process, please contact the experienced Austin estate planning lawyers of Slater, Kennon & Pugh LLP today at 512-338-1100.