Probate is the orderly process by which estate assets are inventoried and valued, debts and obligations are identified and paid, and the estate is distributed.

There are two parts of a Probate.

The first part is the validation of a will – if there is one – and the appointment of an executor of the estate.  Usually, this is the person named as executor in the will.  If there is no will, the process is to identify the heirs and to appoint a personal representative of the estate called an “administrator.”

The second part is the administration of the estate.  This part of the probate is a bit like the bankruptcy process in that all assets belonging to the estate are identified, valued, and characterized as exempt or non-exempt, creditors’ claims are processed and paid or disposed of, and finally, what remains of the estate is turned over to the beneficiaries of the will or to the heirs identified by law in the absence of a will.

Probate is a legal process with court interaction.

If a person is a resident of Texas at the time of their death, Texas laws will determine the procedure for the probate.  Fortunately, Texas laws allow that if a person’s will contains certain provisions that are recognized by Texas law, the interaction with the court will be minimized, low-cost, and short-lived. 

Most of the time, the surviving wife will be the person that will move forward with this process, but there are exceptions.