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What Is Probate Court?

Posted by Chris Peterson | Sep 10, 2014 | 0 Comments

What Is Probate Court?

What Is Probate CourtA probate court is a court that is designed to handle matters of wills, estates, trusts, etc. It is separate and distinct from civil and criminal courts, and carries its own set of rules and procedures. It you are in need of probating a will, a Conroe probate attorney can help you through the process.

Court Authority

Texas probate courts are authorized to handle all matters pertaining to the probating of a will. This process is very important to the settling of estates, for it determines whether the will is valid, who the beneficiaries are, and what debts and other obligations need to be paid before distribution of the estate. A Conroe probate attorney will tell you that Texas laws have streamlined probate procedures with the establishment of independent administration. However, probate is still necessary in the settling of most estates.

The probate court has the final authority over distribution of assets. If the decedent dies without a will, it will determine who the rightful heirs are and order distribution of the estate accordingly. The court also appoints guardians and conservatorships. If a will is contested, the matter will be dealt with in probate court.

Operation of the Court

A Conroe probate attorney will tell you that there is very little flexibility in the rules of procedure for probate courts. The court operates by a rather rigid set of rules governing such matters as notifications to creditors and beneficiaries, and maintaining of deadlines. The court has the power to impose significant penalties for failure to abide by these rules.

Work with a Conroe probate attorney if You Need to Probate a Will

If you are the named executor you may find it in your best interests to work with a Conroe probate attorney when you file to probate a will. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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