The El Paso Probate Process

Out of the handful of somewhat grim milestones we must endure in life, visiting a probate lawyer is probably one of the most unpleasant. It usually means someone close to us has passed on, as it were; and it is necessary at this time to sort out liabilities, distribute assets, and pay taxes. If you enjoy that sort of thing, well, perhaps you also enjoy some mild forms of torture. For those of us who would rather be somewhere--anywhere--else, we can rely on the knowledge and expedience of our local El Paso probate lawyer. If you live in the El Paso area, that is.

In four years, my wife and I lost both of our parents, one per year. You can probably imagine how difficult that time was, but if it wasn't for having the best El Paso probate attorney on our side, we couldn't have done it. The paperwork seemed endless, but luckily our lawyer was able to clarify the legalese and help us understand El Paso probate law as it applied to each of the deceased.

At this point I feel fairly comfortable in saying that I know a thing or two about wills and the probate process. After all, I have dealt with all three ways that property can be transferred at death in the state of Texas. The first way involves a contract of non-probate transfer, in which certain types of property do not go through the probate process. This includes the following: real property held in joint tenancy with right of survivorship, property held in a trust, money in pay-on-death accounts, individual retirement accounts, gifts made before death, and death benefits from insurance policies or other benefits controlled by a designation of beneficiary.

The second way to transfer property is under a will validated by a proper court. There are several types of wills, the first being a standard will; the second, a holographic will, written in the hand of the deceased; and the third, a nuncupative will, or a verbal testament made just before the person's death. There are certain legal requirements for each type of will. But, I'm no expert. I leave that part up to my El Paso wills lawyer to decipher.

The third way to transfer assets at death is intestate succession. Yes, I know. It is a ghastly term that bears no indication of its meaning. But essentially, it refers to the government's plan of action when your will or non-probate transfers do not transfer all assets owned at death. In other words, there is a question as to who is entitled to property that may have been excluded from the will or not otherwise provided for under probate. This last one is fun to deal with, let me tell you.

Should you have to face any, or like myself, all of these post-mortem technicalities, let it be known that the process is made much simpler with the aid of an experienced, reputable El Paso probate lawyer.

About the Author

Written by Kacy Suther. El Paso probate lawyer Watson & Maynez specialize in probate law. Texas residents can find their El Paso probate attorney or El Paso wills lawyer at elpasowillsprobate.com .


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