The legal process of transferring property upon a person's death is known as "probate". People formalize their intentions as to the transfer of their property or estate at the time of death typically in a Last Will and Testament. During probate their property is collected, certain debts are paid from the estate and the remaining property is distributed.
Probating a Will is a process by which a person shows the court that the decedent followed all legal formalities in drafting his or her Will appropriately, an Executor is appointed and the court signs an Order Probating the Will.
If a descendant died without a will (called intestate) an Administration can be set up by a Judge with an Administrator appointed by the Judge. Ad Litem Note from Judge Downing A. Bolls, Jr.
IT IS HIGHLY RECOMMENDED THAT A PERSON OBTAIN LEGAL ADVICE TO BEGIN THE PROBATE PROCESS. If you do not wish to obtain an attorney, you can utilize several sources such as our Law Library located in the Courthouse on the third floor or you can contact Legal Aid of West Texas or online services.
All documents for court or judicial process will be filed and provided to the Judge of the court in which the probate is filed for the Judge's consideration.