In Alamo 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 determine that it is valid.

As part of this process, the Alamo Heights, Texas probate court will determine the validity of the will, inventory the decedent's assets and debts, and then, finally, distribute the estate according to the will, assuming it is found to be valid.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, an Alamo Heights, Texas probate court has to appoint one.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.

Duties of the Executor in Alamo Heights, Texas

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

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

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A Alamo Heights, Texas Lawyer Help?

Because of the difficulties involved in probate, it would be a knowledgeable idea to consult with and retain an Alamo Heights, Texas attorney who specializes in probate, especially if you are the executor of an estate.