When someone dies, they can either die testate or intestate. Understanding the difference between these two scenarios is crucial as it significantly impacts the probate process.
A Testate Probate Administration occurs when an individual passes away having left a will. A will is a written document that specifies how a person wishes their estate to be distributed and may appoint an executor to manage this process. Despite the presence of a will, disputes can still arise—questions regarding the will’s validity, interpretations of the will’s provisions, distributions, the executor’s conduct, etc. If a will is found invalid, the decedent’s estate will pass to their heirs-at-law.
Related to a testate probate administration, probate litigation may arise regarding a testamentary trust.
A testamentary trust is a trust created by a will. This trust doesn’t come into play until after the person who made the will (the testator) has passed away. The probating of the person’s will after their death is what creates the trust, and fills the treasure chest with the person’s things for management by the trustee.
A intestate probate administration occurs when an individual dies without a will. The Texas Estates Code dictates the distribution of the estate to the heirs-at-law according to a set hierarchy of heirs. Think of heirs-at-law as the default list of recipients that the law turns to, like a backup plan, when there’s no will specifying who gets what. These usually include the closest family members, such as spouses, children, parents, and siblings, in a specific order decided by the Texas Estate Code. So, if someone dies without a will, the heirs-at-law are the ones who naturally step in to receive parts of the estate based on their relationship to the deceased. This distribution may not align with what the deceased might have wanted. The absence of clear instructions in a intestate probate administration often leads to conflicts among potential heirs, complicating the administration of the estate.
Why Choose Us?
Here’s why our firm stands out:
- Experience in Handling Complex and Diverse Cases: We have a proven track record in handling a wide range of probate disputes, from will contests to trust and estate administration issues, equipping us with the insight and skill necessary for maximizing your recovery.
- Commitment to Personalized Representation: Our firm understands that each probate case is personal and unique. We focus on the specific needs and objectives of each client, ensuring personalized attention to your legal needs.
- Proven Litigation Success: Whether through trial or mediation, our firm’s tenacious litigators have a proven track record of securing large recoveries across the State.
If you have a probate issue, contact Texas Personal Injury Experts, PLLC for a free consultation and let us protect your rights and secure all that you’re entitled to under the law.
