In Mathis, 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 procedure, the court in Mathis, Texas has various important responsibilities. Most vitally, 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 ensure 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 Mathis, Texas will appoint 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.

Because the executor is responsible for truly initiating probate proceedings and seeing them to completion, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.

Duties of the Executor in Mathis, Texas

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

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.

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

Because the executor serves as the living symbol of the decedent's estate, they are solely responsible 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 completion.

How Can A Mathis, Texas Lawyer Help?

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