Common Mistakes Made During the Probate Process in Texas

 Posted on November 29, 2022 in Estate Planning and Probate

 Estate planning is designed so that once someone dies, their family members and loved ones will know what to do with the deceased person's property, heirlooms they may have possessed, and other wishes they had. When someone dies with a will, they typically assign a loved one to be the executor of the will. If the loved one dies without a will, a family member may step forward and ask to be the estate executor. The executor's role is to ensure the deceased person's estate is managed correctly. 

Probate is when the court officially recognizes someone's death and authorizes the management and allocation of whatever their estate contains. Probate aims to ensure that all assets in the deceased person's name are transferred to the living individuals named in the will, or, if there is no will, that their assets are distributed according to state inheritance law. If you were named executor of an estate and wish to begin the probate process, you should hire an experienced attorney familiar with the probate process. Failure to hire a competent attorney to help you work through the probate process may result in critical errors.

Common Mistakes Made During Probate 

Once the court approves the designation of the executor, the executor receives a long list of things that must be completed. Unfortunately, within this to-do list is plenty of room for error. The first mistake that may be made is failing to inventory the deceased's assets correctly. Since the executor is accountable for taking care of the deceased person's debts and safeguarding their assets, it must be known what the deceased owned at the time of their death. 

Another mistake that can be made is failing to initiate the probate process in time. Under Texas state law, the executor has four years to file the late person's will and to set the probate process in motion. If the executor fails to obey the time limit, the deceased individuals' assets may be allocated concurrently with Texas intestate laws. Additionally, an executor who begins distributing assets before it is confirmed no debts remain may be found liable for violating their duty as executor. 

Contact a Wilson County Probate Attorney 

When dealing with probate, the worst mistake of all is not hiring an experienced attorney who can help effectively guide you and your family through the process. To ensure the process is as seamless as possible, consult with the highly knowledgeable Comal County probate lawyers with Geoff Mayfield, Attorney at Law. Call 210-535-0870 today for a free consultation. 

Source: 

https://guides.sll.texas.gov/probate