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What is probate?

Probate is the orderly process of winding up the business affairs of a person who has passed away.

If there is a will, the probate court determines whether the document is the true last and valid will of a decedent. If there is no will, the probate court will conduct a heirship proceeding to determine who the decedent’s heirs are.

Probate assets are assets controlled by the decedent’s will or, absent a will, Texas intestacy laws. This includes assets titled in the decedent’s name without a designated beneficiary.

The successful completion of probate enables the decedent’s property to be distributed among beneficiaries, creditors, and any others with a valid interest in a decedent’s estate.