Probate is “the legal process that officially proves the validity of a will. This includes an inventory of the decedent’s property, resolving all debts and claims, and distribution of the decedent’s estate.”Black’s Law Dictionary
Although taking care of a deceased person’s estate does include gathering the debts and determining whether or not there are any Federal Taxes due, the probate process is a state process, not Federal. That means that each state has probate laws and procedures, and some of those may be different from other states. Although there may be reasons why a case involving an estate may be filed or moved to federal court in specific situations, most probate cases will be filed in the state where the deceased person resided or owned property.
There are many similarities between all the states when it comes to probate law. But there are also differences. For that reason, if you are the survivor, beneficiary or executor of a deceased person, you will need to be sure that you understand in which state you file the case, what the law in that particular state says, and what you will need to do post-hearing. (after the will is proven and accepted).
If you find yourself in the position of being the named Executor in someone’s will, or your loved one has passed, or you have responsibility for a deceased person’s estate and they did not have a will, you will need to gather information that is relevant to the state in which the case will be filed (generally the state in which the person resided). If there is other out–of- state property that must be dealt with, an experienced probate attorney will guide you in the options you have in taking care of those responsibilities.
Remember: If you seek advice online, from your out of state family and friends, or from your own memories of a past experience with the probate process in another state, be aware that the Texas process may be different.
Our probate attorneys have years of experience in traditional probate cases, as well as cases that involve more than one state or country.
Why struggle alone? A consultation can resolve your questions and give you options to consider.
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Estate Planning & Probate Attorneys – Since 1984