In Harker Heights, Texas, probate is a legal procedure that a court must go through before giving effect to a will. Before putting a will into effect, a court has to decide that it is legitimate.

As part of this procedure, the court in Harker Heights, Texas has various important responsibilities. Most notably, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Harker Heights, Texas will assign an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Harker Heights, Texas

The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.

The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.

Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are typically chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.

How Can A Harker Heights, Texas Lawyer Help?

Because this can be (though isn't always) a fairly complicated process, it's a good idea to get a reliable probate lawyer in Harker Heights, Texas, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.