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Probate doesn't have to be a dirty word for Texas families

People in Texas are often told to do what they can to avoid having to go through probate. It is often considered a dirty word in the estate planning business. Fortunately, however, for many people, probate can be the best way to handle a loved one's estate.

The probate process puts limits on the creditor of the decedent. Creditors must file claims against the estate within a certain amount of time or their claims are barred forever. For instance, credit card companies, mortgage holders and any other creditors that don't file claims against the estate in a timely manner can't come back and demand payment from the heirs.

Probate can also squelch any fighting amongst the heirs and beneficiaries. Since the court is involved, the wishes expressed in a will are required by law to be carried out. Therefore, regardless of the demands or complaints of the heirs, the decedent's property will be distributed in accordance with his or her wishes by the executor or executrix under the supervision of the court. In this way, the bureaucracy of probate may be worth it.

These are just a couple of reasons that probate can be a good thing for some Texas families. Estate planning is still essential, but it isn't always necessary to avoid going through probate. Probate can be used to make sure that all of the estate planning that was done wasn't in vain. A will is ordinarily put into probate anyway, so family members should feel free to use the process to ensure that their deceased loved one's property is distributed as he or she wished.

Source: LifeHealthPro, 6 reasons why probate isn't that bad, Tom Nawrocki, Sept. 13, 2013

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