What is probate?
Denton, TX Family Law Attorney David S. Bouschor, II talks about what probate is.
Phone: (940) 323-1300
Probate in Texas is a term that’s used to have a estate administered or controlled and broken up by a personal representative at the time that somebody dies. If a will is in existence, the will is admitted to probate, and at that hearing that the will is admitted to probate, that’s really the first step in probating the estate. The probation of a estate is the winding up of somebody’s life, basically. You have to accumulate all of their property. You have to pay all their bills. And then you end up giving the property away to the people that are named in the will or the people that are named in the Texas State Code if there’s no will. The typical process is you file an application. You have to have certain notice requirements. You set that application for a hearing. You go to court. You put on a certain amount of evidence to admit the will or admit the estate into probate, and then you become either the administrator or the executor of the estate and your job is to wind it up.