Let's begin with what probate is: It is the presentation of a deceased person's will to the court system for official recognition and registration. The court then determines if the will is genuine so that it may be used in the administration of the deceased person's estate.

Despite what you may have heard, probate in Texas can be simple and fast with good planning. Using Independent Administration, the executor of the deceased person's estate may be able to probate the will with only one court appearance and the later filing of the Inventory, Appraisement and List of Claims.

What follows in this text are two points involved with probate, but are not intended to provide you with legal advice.

First, what is an Independent Administration?

Independent Administration is used by the executor named in the deceased person's will. The executor is the deceased person's personal representative and is empowered by the court to take whatever action is necessary to settle the estate without having to ask the court for permission every step of the way. The executor's job is to gather the assets, pay appropriate debts, and distribute what's left to the beneficiaries named in the will.

Second, an Inventory & Appraisement and List of Claims must be created.

In the simplest probate, this list is easily created. This document is comprised of assets belonging to the deceased. The court does not require the listing of every single item, but a general list as to the extent of the deceased's estate. Assets usually listed include: real estate, bank account amounts, claims - money due the estate, and personal items. The personal items are generally noted as one number on the list. Using Independent Administration, the executor presents this list to the court, and if approved, the probate proceedings are finished.

Remember, probate can be simple and fast when a valid will is involved. If you would like me to help you with a will or probate, please or contact my office at 214-275-8585 for an appointment. I look forward to helping you.
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