Wills & Probate

We handle probate matters. When a person dies, generally the estate must go through Probate.

"Helping to build the cities of El Paso, Texas, Las Cruces, New Mexico, and Juarez, Mexico one family at a time"

Anderson, Anderson, Bright & Crout, P.C.
El Paso, Texas 79936
PHONE (915) 595-1380 or (915) 581-4600
FAX (915) 591-6201 or (915) 592-2363

Why a Will and Its Subsequent Probate is Important

Death is not only a personal issue for the family and friends of a deceased person (the "Decedent") but it also presents legal and financial issues in the disposition of the Decedent's estate. The Decedent's estate consists of the property, both real and personal, which the Decedent owns at the time of death.Upon death, title to the Decedent's property vests immediately into the beneficiaries under the Decedent's will or into the heirs-at-law if the Decedent died without a will. However, the beneficiaries under the will or the heirs-at-law of the Decedent must probate the will or establish heirship to record the transfer of ownership of the Decedent's estate in the public records of the county.

It is important for a person to have a will. If a Decedent dies with a legally valid will, then his or her property is distributed according to his or her wishes as expressed in the will. On the other hand, if the Decedent dies without a will, then the estate is distributed to the Decedent's heirs as determined under state law. If the Decedent dies without a will, the Decedent's heirs may not be the persons to whom the Decedent wished for his or her property to pass. A will also designates who will manage the Decedent's estate if an administration is necessary. Further, a will can provide for an appointment of a guardian for minor children.

A will can be probated as a muniment of title or as part of an administration.

Probate of a Will as a Muniment of Title. A will may be probated as a "muniment of title" if there are no unpaid debts owed by the estate other than debts secured by a lien on real estate. A will may be probated as a muniment of title if there is no other need for an administration. Probating a will as a muniment of title operates as a record of conveyance in the public records of the county of the Decedent's property to his or her beneficiaries under the will. Probating a will as a muniment of title is a simplified probate proceeding which requires a court hearing to grant the order probating the will as a muniment of title.

Probate of a Will in conjunction with an Administration. An administration is the management and settlement of an estate by a personal representative approved by the court.An administration involves the following steps: 1) collection of the Decedent's assets; 2) payment of debts and claims against the estate; 3) payment of estate taxes, if any; 4) determination of heirs if the Decedent died without a will; and 5) distribution of the remainder of the estate to those entitled to it. A will names an individual to carry out these duties and he or she is called an executor or executrix. Once the executor or executrix named in the will is appointed by the probate court after a hearing, then he or she can manage the estate relatively free from court approval.An administration is recommended if there are unpaid debts or other matters that an executor or executrix would need to take care of.

The top 4 reasons to have a will are 1) you decide who gets your property when you die; if you don't have a will its left up to state law 2) your family avoids the costs of a guardianship if you die leaving minor children because with a will you can designate the guardian for your minor children 3) your beneficiaries avoid the costs of a dependent administration (a procedure requiring court approval for the sale of a Decedent's property) and 4) you can set up a testamentary trust to manage your assets for the benefit of your minor children. A will can save your beneficiaries and family money and time after your death.

It is also recommended that you execute a springing Statutory Durable Power of Attorney, a Durable Power of Attorney for Health Care and a Directive to Physicians when you get a will. A springing Statutory Durable Power of Attorney will allow you to designate an agent to manage your financial affairs if you become disabled. This document will save your family the cost of obtaining an expensive guardianship for you if you become disabled. A Durable Power of Attorney for Health Care allows you to designate an agent to make health care decisions for you if you are incapacitated and unable to make them.A Directive to Physicians instructs the physicians treating you to withhold life-sustaining procedures if you have an incurable or irreversible condition certified to be terminable.