In Palacios, 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 Palacios, Texas has several important responsibilities. Most importantly, 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.

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, a Palacios, Texas probate court has to appoint one.

The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is usually appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Palacios, Texas

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

They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

Executors are also required 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.

Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Palacios, Texas Lawyer Help?

Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Palacios, Texas probate lawyer, particularly for the executors of estates.