Drafting a will may be an essential part of an estate plan, but if done incompletely, a probate court may not validate it. Several steps must first be taken before beneficiaries can receive any assets. It’s also noteworthy to know that probate does not begin until an executor files a request to start the process. Learn more about the probate process for a valid will and when beneficiaries can receive their inheritances from our McAllen probate lawyers.
Will Validation and Asset Collection
In a previous piece, we went into great detail on the topic of a probate judge allowing the distribution of possessions and inheritances after a will has been validated. After this crucial step, a judge will then request for an executor to take inventory of the deceased’s possessions.
A few other responsibilities that an executor must undertake are:
- Listing all assets with complete descriptions.
- Providing the correct monetary value of each item.
- Determining which items a beneficiary can claim.
Notifying Beneficiaries and Creditors
After all assets are reported to a county clerk, an executor can then inform beneficiaries that the estate is under review. Secondly, an executor must get in touch with creditors to keep track of any outstanding debts the deceased collected. These debts can include:
- Taxes
- Medical bills
- Mortgages or household expenses
Resolving Disputes
Once all beneficiaries are notified that the probate process has started, a judge will allow them to contest the will. At this point, they can request a higher amount of possessions from the estate. However, beneficiaries must act fast as there is a limit of two years for when a will can be contested.
Our McAllen Probate Lawyers Can Help
Do you need help contesting a will or proving your heirship? Contact us today to explore your options.