Austin Probate Lawyer

Who is Responsible for Probate?

It is always difficult to lose a loved one, even if the death was expected. Unfortunately, the descendents of the deceased individual are usually given the task of handling the estate left behind. This process, known as probate, is generally made easier with the presence of a written will; without one, the court system handles the case.

The Executor

If a will has been written prior to the deceased’s passing, then an executor should already have been appointed. This person is responsible for handling the estate. He or she accounts for all remaining assets and distributing them to the proper parties. In general, an executor is a family member or the deceased’s lawyer or accountant. This person must also be a legal adult and should have a clean criminal record.

If a will has not been written by the passed individual, then the court will appoint a personal representative to act as the executor and handle the distribution of the estate. In this case, the representative typically has no prior knowledge of the deceased individual nor of his or her family, so he or she will not be aware of any personal preferences the dead individual would have had regarding the distribution of possessions.

Contact Us

Losing a loved one is an extremely emotional experience, and during this difficult time you should not be burdened with the additional confusion and complications of dividing the deceased’s estate. If you would like to learn more about probate and the responsibilities associated with this process, or for assistance, contact the Austin probate lawyers of Slater, Kennon & Pugh LLP today at 512-338-1100.