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What is probate?

On Behalf of | Dec 16, 2019 | Probate Administration |

Talk about probate is very common when discussing wills or after someone passes away in Texas. This process is not as understood as it should be, though. You may not truly understand what it means, which could lead to confusion down the road. Understanding this term can help you to better plan your own estate and handles the estates when loved ones die.

The Texas Young Lawyers Association explains that  probate is the process of proving a will is valid. The court looks over the will and any other information provided to make a ruling. Once the will is deemed valid and legal, the wishes contained within the document can be carried out. If the will is found not valid, the estate then transfers to heirs as directed by state law without consideration to what was in the will.

A common misconception is that probate is a long and tedious process. In most cases, this is not true. Proving a will is valid is usually without hassle. To provide proof of legitimacy, witnesses will testify. One witness is needed for a typed will and two are needed for a handwritten will. The court will also make sure the will has not been revoked. A will can also be proven valid if it is accompanied with a notarized affidavit that meets the requirements for self-proved wills. A self-proved will usually goes through the probate process quickly and requires no witness testimony.

This information is for education and is not legal advice.