The Law Office of Joe Brad Brock helps Texans statewide with all matters pertaining to probate and estate administration. That said, his Corpus Christi location makes his services especially attractive to people in South Texas.
If you find yourself having to respond to the death of a family member or loved one, an essential step may be to prove the validity of the deceased’s will through the probate process. In essence, probate refers to the process of providing the notice of the decedent’s death and filing the decedent’s last signed will with the court in the county of the decedent’s domicile. Probate is one part of a process known as estate administration. An heir, if there is no will, or a representative named in the will of the deceased, must follow specific steps to complete the final affairs of the deceased.
There are several specific tasks involved in the estate administration process. Briefly, these steps will include collecting the deceased’s assets, sending notice to creditors, notifying insurance companies, filing papers with the probate court, filing tax returns, and distributing assets to heirs.
The first step is to collect the deceased’s assets. This may include contacting banks and financial institutions for account information and balances held on the date of the decedent’s death. Often decedents own real estate which will require obtaining deeds from the county recorder’s office. Other assets carrying a certificate of title, such as automobiles, recreational vehicles and water craft, should be collected. Items of tangible property, such as jewelry and collectibles, should be secured and place in a safe place.
All insurance policies, including annuities and life insurance, should be identified and the issuing company should be notified of the decedent’s death. Most financial companies will issue a claim form in response to the death notice, requesting a copy of the death certificate. Claims instructions for each company must be followed precisely.
The court-appointed representative is responsible for filing the decedent’s final income tax returns. If any taxes are owed, the representative is responsible for making such payments. In the event the value of the estate exceeds national death tax exemptions, it may be necessary to file death tax returns and pay any applicable death taxes owed.
Notice to creditors may be published, by law, in a local newspaper with adequate circulation. Known creditors should be notified directly of the decedent’s death so they may submit final bills. After adequate review, legitimate bills should be paid and any claims that seem invalid may be challenged by the decedent’s representative.
These forms may include a petition to probate the decedent’s will, if the decedent left a will, and appoint a representative to handle the decedent’s final affairs.
After paying claims, debts, and taxes, the representative carefully reads the will to determine who receives the remaining assets of the decedent. In the event the will is unclear, or the decedent died without a will, the representative may petition the probate judge for direction on how to proceed. After all distributions are delivered, the estate administration process is complete and the estate is usually closed by filing a document with the probate court.
Choosing the right attorney after a serious accident is one of the most important decisions you can make.
Clients throughout Corpus Christi choose our firm because we provide:
We understand that every client has unique circumstances. Rather than applying a one-size-fits-all approach, we develop legal strategies tailored to your injuries, losses, and long-term goals.
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If you or someone you love has been injured in a car accident, you do not have to face the legal process alone.
The Law Office of Joe Brad Brock proudly represents accident victims throughout Corpus Christi, Nueces County, the Coastal Bend, and South Texas. We are committed to protecting your rights, holding negligent parties accountable, and pursuing the full compensation you deserve.
Contact our office today to schedule your free consultation and learn how we can help you move forward after a serious motor vehicle accident.