What is a Probate? When a person dies, someone must step in to wind up the deceased person's estate. The "someone" is called an "Executor" or "Personal Representative." Bills must be paid, property must be accounted for, and items must be passed on to the people chosen by the deceased person. Texas law requires that all this must be handled through court proceedings. A probate court presides over the administration of a decedent's estate. The person named in a will as executor-or if the decedent dies without a will, a personal representative appointed by a judge-files papers in the local probate court. The executor proves the validity of the will and presents the court with evidence of property, debts, and who is to inherit the estate. When a person dies without a will, the personal representative often has to secure a ruling from the court declaring the heirs of the estate. The court will allow distribution of a decedent's estate only after the debts have been paid. Upon distribution of the estate, the executor/personal representative is discharged from further responsibility.
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