Losing a loved one is difficult enough without having to immediately navigate legal and financial decisions. Unfortunately, there are often important matters that need attention soon after someone passes away. Knowing what steps to take—and what can wait—can help protect the deceased person's estate and give the family time to grieve.
If you are responsible for handling a loved one's estate in Texas, here are some of the important steps to consider.
1. Locate the Will and Other Important Documents
One of the first things to determine is whether the deceased left a valid Will. Look for the original Will along with other important documents, including trusts, deeds, life insurance policies, retirement account information, financial statements, and business records.
If there is no Will, the estate may be distributed under Texas intestacy laws. Those laws determine who may inherit based on the deceased person's family relationships and circumstances.
2. Secure the Deceased Person's Property
Take reasonable steps to protect the deceased person's home, vehicles, personal property, and other assets. This may include securing the residence, continuing necessary insurance coverage, and protecting valuable documents and personal belongings.
Avoid distributing or selling significant assets simply because you believe they were intended for a particular family member. Ownership and distribution of estate property may need to be addressed through the probate or estate administration process.
3. Identify the Estate's Assets and Debts
An important part of estate administration is determining what the deceased owned and what they owed.
Assets may include:
- Bank and investment accounts
- Real estate
- Vehicles
- Retirement accounts
- Life insurance
- Business interests
- Personal property
- Mineral interests or other property rights
You should also gather information about mortgages, credit cards, medical bills, personal loans, taxes, and other potential debts. A complete understanding of the estate's assets and obligations is important before property is distributed to beneficiaries.
4. Determine How the Assets Will Be Transferred
Not every asset necessarily passes through probate. Some assets may transfer through a beneficiary designation, survivorship arrangement, trust, or other legal mechanism.
Assets owned solely in the deceased person's name and without another transfer mechanism may require probate before ownership can be transferred. Importantly, having a Will does not automatically avoid probate. A Will provides instructions for distributing an estate, but it generally must be admitted to probate before it can control the transfer of assets.
Texas provides several potential probate and estate-administration procedures, including a Small Estate Affidavit, Muniment of Title, and full probate proceedings. The appropriate procedure depends on the circumstances of the estate.
5. Determine Who Will Handle the Estate
If there is a Will, it may name an executor to handle the estate. The executor is responsible for carrying out the deceased person's wishes and managing the legal and financial aspects of the estate administration.
If there is no Will, the court may appoint an administrator to handle the estate under Texas intestacy laws.
Because the person responsible for an estate can have significant legal responsibilities, it is important to understand those responsibilities before taking action on behalf of the estate.
6. Begin the Probate or Estate Administration Process
Depending on the circumstances, the Will may need to be filed with the appropriate court and admitted to probate. The process may involve validating the Will, identifying and valuing assets, notifying beneficiaries and creditors, addressing debts and taxes, and ultimately distributing the remaining assets to the appropriate beneficiaries.
The process can be straightforward in some estates and considerably more complicated in others—particularly when the estate includes real estate, business interests, substantial assets, multiple beneficiaries, or disagreements among family members.
7. Don't Rush to Distribute the Estate
It can be tempting to divide personal belongings or distribute money shortly after a loved one's death. However, the estate's debts, taxes, claims, and legal obligations should generally be addressed before assets are distributed.
Taking time to properly identify and administer the estate can help reduce the risk of complications later.
When Should You Contact a Probate Attorney?
You do not necessarily need to begin probate immediately after a death, but contacting an attorney early can help you understand what needs to be done and what can wait. Early legal guidance can also help you protect estate assets, identify the appropriate probate procedure, and avoid unnecessary delays or mistakes.
At the Law Office of Brett L. Evans, PC, we assist families with probate and estate administration throughout Denison, Sherman, Grayson County, and North Texas. Attorney Brett L. Evans helps clients navigate the legal process of settling an estate, from determining the appropriate probate procedure to addressing estate assets, debts, beneficiaries, and final distribution.
Let Us Help You Navigate the Process
The loss of a loved one is never easy. You should not have to navigate the legal process alone.
If you have recently lost a loved one and are unsure what steps to take next, the Law Office of Brett L. Evans, PC can help you understand your options and responsibilities. Contact our Denison office to schedule a consultation regarding probate or estate administration.
This article is provided for general informational purposes only and is not intended to constitute legal advice or create an attorney-client relationship. Every estate is different, and the appropriate legal process depends on the specific circumstances.