What happens if I die? I mean, when I die?

By Rebecca S. Covell
Law Office of Rebecca S. Covell

Sometimes, a person dies so unexpectedly that we are left stunned and numb by the grief of it all. Sooner or later, however, the survivors must wind up your affairs.

First, of course, final arrangements are made. If you had the foresight to sign an Appointment of Agent to Control the Disposition of Remains, your partner will have the legal authority to handle those arrangements. Otherwise, the task will fall to your next of kin (children, if any; parents or siblings if no children). Hopefully, they will agree on how to handle your remains and will permit your partner to attend the service (it is their legal right to exclude your partner from the entire process unless s/he has the appointment of agent document).

Now that the memorial service is over, your survivors will be looking for a will. Please let your survivors and executor know where your original will is so that they can promptly handle your affairs. Not finding a will is like having no will at all. Any powers of attorney you may have signed expire when you do. Thus, having a Texas will is the best way to see that your property is distributed as you choose and the person(s) you want to leave in charge have the legal authority to act.

With a properly executed Texas will, your survivors will consider whether there is a need to open a formal court proceeding, called probate, in the county where you lived at time of death. Texas has one of the easiest probate systems in the country and a proper will is the fastest and usually least expensive way to handle your affairs.

There is a process for probating a small estate by an affidavit (small estate affidavit), for filing a will just to transfer title to a home or other real property (muniment of title), for appointing an independent executor who can handle all of the affairs of your estate without court supervision (independent administration) and for creating an administration that requires court approval of every step (dependent administration).

Sometimes no will can be found yet matters must be handled. There are restrictions regarding which process can be employed without a will so the input of an attorney who is familiar with Texas probate is critical. And usually trying to wind up the affairs of a decedent without a will is time-consuming and more expensive. Each estate is different so circumstances will dictate which probate process is the right one.

Assets must be gathered, creditors and payment of debts must be handled, title to property must be transferred and the final distribution will be made. An estate planning/probate attorney can file all necessary pleadings with the court to probate an estate and will guide the executor or administrator through the administration process.

Having a proper will can minimize the expense and time involved permitting your survivors to focus on how in the world they will get along without you.