What Happens to Property When Your Loved One Passes Away?

man writing at a desk

After a loved one passes, the last thing anyone wants to do is settle their affairs. Unfortunately, since property does not automatically transfer, this is often the next step surviving family members must take, and it generally comes before there is even time to grieve.

Depending on whether or not your loved one has a will, trust or no estate plan in place, the road ahead may be complicated. Without a will, the Texas Estates Code will govern how an estate representative will be appointed and how the assets of the estate will be distributed. If you are the surviving spouse or an heir to the estate, you may be tasked with this challenging job. Even with a will, the estate will likely still go through probate, though it will much easier to navigate because the Will typically sets out who will be administrating the estate and how the property will be divided.

What Happens to Next?

Oftentimes, even if certain assets are not particularly valuable, family members may fight over the smallest items and, unfortunately, if the decedent does not have a will, this can result in a drawn-out, expensive, and excessively contentious probate process. Moreover, at the end of the day, it is likely that everyone will be unhappy with the outcome, especially if no one is willing to handle the estate, and a third party executor is appointed.

If your loved one passed away with a will, however, property and assets will be distributed according to the decedent’s will, reducing conflict within the family. Additionally, everyone can rest assured that the wishes of their loved one will be respected.

If you have concerns about the future of your property and assets, you should not hesitate to create a will or trust. No matter how young and healthy you may be, anything can happen, and it is crucial to protect your family from having to endure a long and arduous process that can leave everyone feeling wounded.

Reach Out to Our Knowledgeable Probate Attorney for a Consultation Today!

If you recently lost a loved one and are about to embark on the probate process, or you need a will or trust, the skilled legal team at Campbell Law Firm, PC can provide the guidance and advice you need to smoothly navigate it. We understand the difficulties of losing a loved one and will ease some of the burdens you may face in the aftermath. Backed by more than three decades of experience, you can rely on our team’s ability to get you through this difficult time.

Call our law office today at (903) 345-0031 to set up a case evaluation with our knowledgeable probate attorney in Tyler to discuss your case.

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