In Texas, probate legalization is generally required. However, there are some exceptions. The larger the inheritance, the more likely it is that a succession will be necessary. This is especially true when it comes to real estate.
Many properties must go through probate in court after a person's death. To help you understand the laws surrounding this process, here are some resources. Because the legalization of probate can be complicated, it is usually best to contact an attorney if you have specific questions. You can also find writing guides and other professional-oriented resources in the practical help tab. In certain cases, a succession is necessary to ensure the legal transfer of the decedent's assets to legitimate heirs.
Probate is the process that is completed when a decedent leaves assets for distribution, such as bank accounts, real estate, and financial investments. Equity assets that are below a certain state value may not need to go through formal succession. If an executor rejects a lawsuit, it can be brought before the courts, where a probate judge will have the final say on whether the lawsuit is justified or not. In addition to cases where an estate may completely bypass the succession process, there are also times when assets may be transferred to the new owner without going through probate. However, there are some cases where a succession is required even though the inheritance is below the threshold value. For example, if an insurance or title company requires legal proof of ownership, it can push for the probate process to obtain this legal proof.
The probate process is a procedure overseen by a court in which it is demonstrated that the authenticity of the will left is valid and accepted as the last true will of the deceased. Having an easily authenticable will is one of the most common ways to move quickly through a probate process and distribute assets efficiently and properly. Since a probate court's proceedings are publicly recorded, preventing the legalization of probate would ensure that all agreements are made privately. Navigating the probate process can be confusing, and if a loved one dies, you may be unsure of your rights or obligations related to probate. For more information about what assets must go through a probate, as well as when an inheritance must go through a succession in Texas, call the law office of John Powell III, P. You can also contact your local probate court clerk to ask about available forms for your county.