The probate process can be stressful for a family when they’re already struggling after losing a loved one. When estate planning, some Texas residents wish to find ways to avoid probate. This isn’t always possible, but if you want to make things easier on your family after your death, you can create a very thorough and detailed estate plan to possibly prevent disputes and get the probate process complete in as little time and with as little drama as possible.
How probate works
Probate is the legal process where someone reads your will and carries out your wishes. Without a will, probate is almost inevitable as the court will have to decide how to distribute your assets. With a detailed will, your loved ones may still have to face the probate process, but having a thorough plan in place means less time and effort is necessary to distribute assets and finalize directives.
With smaller estates, one can avoid probate altogether if there are no disputes between heirs. When there is a dispute, the probate court will review the will and may ask for evidence from both parties who are engaged in the dispute. The executor of the will guides the probate, so it’s important to choose someone reliable and responsible to act as your executor.
More things to know about probate
After someone dies, the executor must first file the will with the probate court. The court will determine whether the will is legally valid. Once validated, the executor will be responsible for locating and overseeing the distribution of assets as listed in the will. The executor will also pay debts and deal with any applicable taxes.
Beneficiaries may dispute the terms of the will, extending the probate process. The longer probate continues, the costlier the process can be. Administrative fees and court fees can take away from the assets received by beneficiaries, which is why most people prefer to get through probate as quickly and as seamlessly as possible.
Seek advice when estate planning
Estate planning can be overwhelming. Texans who are concerned about the estate planning process can benefit from speaking to an experienced attorney. An attorney can provide guidance on how to create an estate plan that meets your specific needs based on your assets, debts, chosen beneficiaries and other variables. Working on your estate plan is not necessarily an easy task, but completing it will give you peace of mind that your wishes will be carried out as desired after you pass away.
