What Is Probate?

Probate refers to the legal process of administering an estate under the supervision of the court. When a person dies without a will (intestate) or a comprehensive estate plan, probate is necessary to ensure that assets are distributed to the legal heirs of an estate.

At the Cleburne-based law firm of McArthur & Boedeker, Attorneys at Law, our lawyers help families through the probate process. To learn more, call us at 682-317-1297.

Independent Administration

In Texas, most probate cases are administered independently. This means that a will, if one exists, will be filed with the court probate. Once a will has been filed, a hearing will take place to have an executor appointed. The executor is responsible for administering the estate. It is also necessary to file an inventory, an accounting of the estate and a list of claims. In general, this is the extent of the court's involvement when the independent administration process is followed.

Dependent Administration

In cases involving dependent estate administration, the court oversees all of the executor's actions. The executor will need to get permission from the court in order to sell assets, distribute assets, pay any debts as well as any other duties that are tasked to an executor. A dependent administration may be required under the language of a will, if the estate's debts exceed its assets, if minors are inheriting some or all of an estate's assets, or if the court decides that this is the proper process for the estate. We can help guide you through each step of this process.

Contact Us For Help With All Of Your Estate Administration Needs

The probate process can be complicated. We are here to help ensure that your estate administration is carried out as smoothly as possible. To schedule a consultation, call us at 682-317-1297. You may also contact us online.