Probate: What is it, and how does it work

Probate is often a mysterious legal term that one doesn’t know about unless they have had to deal with it. For example, when you are named in your unmarried aunt’s Will as the executor, and then were thrust into the center of the family to settle the estate.

Let me answer some common questions about the probate process under Texas law which hopefully might remove some of the mystery.

What is probate? Probate is the process where the court confirms death, and determines who has the authority to collect assets of the estate of the deceased person, pay creditors of the estate and distribute the assets of the estate either under the terms of a valid will or under the laws of intestacy (if deceased had no will).