Probate is the court proceeding through which a deceased individual's assets are managed. The individual, who has possession of the deceased person's property until that property is distributed, is the person's "estate." Fort worth probate attorneys work at two different levels. Probate can refer to "testate" estate wherein deceased individuals have left behind a Will. It can also refer to "intestate" estate, which means an administration of property for individuals who died without leaving behind a Will.
In case a person dies without a will, family members at times squabble over the deceased person's assets. Such increased claims lead to disputes and in extreme cases the assets are taken over by the state itself. To safeguard the interest of the real beneficiaries, Forth worth probate attorneys work in the best interest of the rightful beneficiaries.
In case of a testate estate, in general the work of the Fort Worth probate attorneys includes giving the necessary notices to creditors, collecting a decedent's property, fulfilling liabilities, putting in order and filing any necessary tax returns and paying the taxes outstanding, if any. Fort Worth probate attorneys also prepare and file the required records, appraisement and record of claims with the Court. They also deal with the allocation of the estate to the beneficiaries under the Will.
As regards intestate estate, by and large the job of Fort Worth probate attorneys includes having the court resolve the intestate person's beneficiary, getting hold of the required Surety Bond, providing essential notices to creditors, organizing and filing any obligatory tax returns and paying the taxes due, if any. Fort Worth probate attorneys also assist in collection of the assets of the estate and satisfying debts, preparing and filing with the Court all of the essential documents to either sell or allocate the assets to the heirs-at-law as determined by the Court and closing the administration.
In case of an intestate estate, the laws prevailing in Fort Worth direct the probate court on how to distribute the deceased's estate. This is because individual states have different laws governing distribution of property. State laws and probate procedures differ significantly, so it is important to consult a Fort Worth attorney with expertise in this area of the law to ensure that the deceased individual's estate is distributed correctly.
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