PROBATE:  INHERITING ESTATE PROPERTY

The death of a loved one can take an enormous toll on us mentally, emotionally, and even physically.  What’s just as daunting is that death not an event that we usually prepare for or even choose to consider; therefore, most people are ill-prepared to deal with all of the paperwork, legal issues, and planning that must be addressed.  For example, if I asked the average person what steps need to be taken to settle an inherited estate, most people wouldn’t even know where to start.  

Unfortunately, death is a part of life and ignoring its inevitability doesn’t prevent it.  It just leaves us uninformed on how to proceed when it finally occurs.  Probate is a very extensive process, but I have included a few basics that may help.

WHAT IS AN ESTATE?

An estate consists of any real and personal property owned at the time of death. Real property includes land, improvements located on the land, gas, and any mineral interests. Personal property includes cash, bank accounts, clothing and personal effects, household furnishings, motor vehicles, stocks and bonds, and life insurance policies.

WHAT IS PROBATE?

Probate is the process the court takes to conclude all legal and financial matters after death. Essentially, probate is the process by which a court distributes an estate to claims by heirs, creditors, etc.

WAS THERE A WILL?

If there is a will, the estate is said to be Testate and the process should be little more efficient.  THE WILL should direct how the estate’s assets are to be distributed, designate heirs, and name the Executor that will control the estate and ensure THE WILL is carried to fruition. 

If there is no will, the estate is said to be Intestate and the court may be more involved.  The estate will remain dormant until someone steps forward as a potential administrator and initiates probate.  If the estate is unclaimed for too long, the assets can es-cheat to the state.

HOW DO YOU START THE PROCESS?

The first step is for the Named Executor or Potential Administrator to file the Petition for Probate with the County where the Deceased held primary residence.

 

The Death of a Loved One combined with handling their affairs can seem like an insurmountable task.  As a designated Certified Probate Estate Specialist, I have the experience and training to help you navigate the complicated process of settling an estate and liquidating its real property.

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http://www.usprobateservices.org/delrickbrown#


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“Estate Executor’s Duties” & “The Probate Timeline” 

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Delrick Brown
Delrick Brown
REALTOR®
2911 S Sam Houston Pkwy East Houston TX 77047