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What is probate?

What is probate?

Probate is administration of an estate. The “estate” is the assets owned by the decedent at the time of their death. After a person dies, probate procedures prove the validity of the Will, appoint the Executor, and give the Executor named in the Will legal authority over the assets. Thereafter, the Executor gathers the assets, pays off debts and taxes of the estate, and distributes property as designated in the Will. The court will generally follow the provisions in the Last Will and Testament. Badeaux & Associates practices in the probate courts of Harris County, Galveston County and Brazoria County.

If the decedent died without a Will, an Administrator to handle the estate will be appointed by the court or agreed upon by the heirs. The probate or administration must be opened within 4 years after the death of the testator.

Some people think having a Will avoids probate. This is not the case. If an estate includes real estate or minor children, a formal probate action in court is generally required. The probate attorneys at Badeaux & Associates based in Clear Lake, Texas can represent you in court.