Nobody likes to think about death, we all want to assume that we will live many happy and healthy years but unfortunately that does not happen, so sooner or later we will have to die and when this happens it is better not to leave problems to our loved ones, one way to avoid it is by making our will.
A will is a legal document by which people dispose of their property and assets after their death as well as providing specific arrangements for the care of children or the disabled. The process by which a dead person’s money, property, and assets are administered and distributed to their heirs and beneficiaries after debts and taxes have been paid is called probate. If a will exists it will have the name of a person who will administer the estate to this person is known as the executor of the will.
Each state has its regulation on this matter that provides specific requirements for its validity and one of them is that the testamentaires have been admitted by the court. This occurs when a Dallas Probate Specialist presents the will to the court of proper jurisdiction within four years of the testator’s death.
While during the probate process certain acts can be performed without the intervention of an attorney, but the representation of a person either to the beneficiaries, the heirs, or the estate itself is considered to be an act proper to the practice of law so according to the law, it can only be done through a Dallas Probate Specialist.
Within this procedure, there is what is called a letter of testamentary, which is a document issued by the court with testamentary jurisdiction after the will was presented to it, naming a person as the executor and giving him/her the necessary authority to administer and dispose of the estate. A Dallas Probate Specialist is required to obtain this document.
Once this is done, the executor of the will must request the granting of the succession, which is a document that gives him/her the necessary authority to administer the inheritance. The inheritance process once the executor finished paying the tax debts and distributing them to the heirs and beneficiaries.
If the procedure goes without disputes it will take approximately one year in most states, but if within the will there are assets abroad or a dispute arises between the creditors, heirs, or beneficiaries the procedure can be much longer and more expensive.
If someone dies without leaving a will, it is said that he died intestate. In this case, the law provides specific rules for appointing an administrator, who, in the absence of a will, will determine how the money, property, and assets will be distributed to the heirs and beneficiaries according to the rules provided by the State for the intestacy. In these cases, only spouses, children, civil partners, and other close relatives are eligible to be designated as heirs.
As you may realize the probate procedure is very delicate and complicated so any mistake not only to remove others but also to make it more expensive so whether or not there is a will the advice of a probate professional is indispensable to ensure that the procedure goes smoothly and the assets of the deceased are distributed to their beneficiaries and heirs most appropriately.