Ensure That Your Will is Legally Binding Before the Probate Process Begins

Did you know that a will must first go through the probate process upon a person’s passing before beneficiaries can receive the possessions left to them? The probate process determines whether a will will be used to pay off debts and/or owed taxes, as well as if it’s legally valid.

Once a probate judge validates a will, beneficiaries and heirs can receive their possessions and inheritances. Working with our probate lawyers in McAllen can help to ensure that your will is valid for review by a probate court. Consider the following two decisions while preparing yours for the probate process.

Choose Your Will Type

Texas currently recognizes a few specific methods for a will to be written. A probate judge will make a decision based on the following:

  • A holographic will must have been entirely written by hand by the deceased.
  • A formal will must be completely typewritten.
  • An oral will, which may be validated by a Texas probate court, can be created if the deceased was unable to by other means.

Assign Your Probate Administration

When you draft a will, you may consider assigning an executor in charge of distributing your possessions to family and friends. An executor is a vital role in the probate process, and if one isn’t, then a probate court will appoint an estate administrator instead. The role of the executor includes:

  • Requesting a review of the will by a probate court no more than four years after the deceased’s passing.
  • Distributing possessions and paying off debts and funeral expenses with funds provided by the estate.

Review Your Will with Our McAllen Probate Lawyers

Contact our probate lawyers in McAllen to help you correctly draft your will while meeting all important criteria. We can also help you to prepare for your estate planning needs, including drafting trusts and power of attorney documents.

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