One of the most important questions that arises after the death of a loved one is how the probate process will manage and distribute real estate, including residential property, commercial property, industrial real estate, land, and special use real estate.
Here are four things you should know about how the process will move forward.
Once the Texas probate court validates the will or determines that no valid will exists, it will either allow an executor to move forward with handling the assets or will appoint an administrator.
The administrator or executor is the person who will have the power to sell or distribute the real estate. They will sell it either if selling has been outlined in the will, or if the court grants them the right to sell property. For example, in some cases, it may be necessary to sell the property to pay the estate’s debts.
While they are sorting out the estate, the Executor/Administrator has certain rights and responsibilities. For example, they have a duty to keep the property safe and secure. They also have the right to evict people who are not supposed to be on the property. They must also pay the property taxes and address maintenance issues, as they have the responsibility to keep the property in good repair.
Finally, once the estate is settled, the Administrator has a duty to distribute the property to the designated distributees. This could be as simple as handing the keys to a home over to a single heir, but often the process is quite a bit more complex.
What if you need access to the property faster? A Muniment of Title or an affidavit of heirship might be a good option in some cases. Both options give an heir proof of property ownership. However, these processes do have limitations.
Are you an executor or administrator who needs help meeting your responsibilities? Are you an heir with questions about how you can navigate the complex probate process and either prove heirship, or take control of your rightful assets faster?
Contact The Probate Law Group to find out about our flat fee options. Probate is all that we do, and we’re extremely adept at finding the best options for any given case.
See also:
Is Hiring a Lawyer Necessary for Probate in Texas?
