How Are Assets Distributed in Texas Probate Court?

 Posted on May 07, 2025 in Estate Planning and Probate

 When somebody passes on, questions can arise over who has a claim to his or her property. The purpose of probate court is to determine how this property should be divided up between the beneficiaries. If you are going through a dispute involving your loved one’s estate, a Texas probate attorney can answer your questions and take legal action to address your concerns.

At Geoff Mayfield, Attorney at Law, we have over a decade of experience handling complex legal issues on behalf of our clients. When you work with our probate attorney, you will receive quality representation and counsel during the division of your loved one’s property, helping to move the process along as smoothly as possible.

What if the Decedent Owes Debts?

If someone leaves behind debts such as unpaid bills or loans, it could come back to haunt their beneficiaries in probate court. Upon the decedent’s passing, the personal representative of the estate must notify all of the estate’s creditors, who can come back to collect on the decedent’s debts.

In probate court, the decedent’s creditors could be paid back with the assets in the estate. However, assets kept in a trust may have extra security from creditors trying to collect. If you are the representative of the estate, we can help you allocate assets to pay off creditors in a timely manner.

How Are Wills Used in Probate Court?

If your loved one left behind a will, then the assets will be allocated according to his or her instructions. This can greatly simplify the process of probate court, making it easier for everyone involved.

However, not all wills are airtight. A will can still be contested on certain grounds, such as if the will was unduly influenced by a bad-faith actor with an interest in the estate. In other cases, a will could be challenged if it was not signed in the presence of witnesses, or if the decedent was not of sound mind when he or she wrote it. At Geoff Mayfield, Attorney at Law, we can represent you in a dispute over the validity of a will.

What if the Decedent Did Not Leave a Will?

In the event that there was no will left behind, the decedent’s assets will be divided through intestate succession. This means that the estate’s assets will be divided in order of priority to surviving kin, starting with the spouse and children, but also possibly including parents and siblings.

If you need help managing your loved one’s estate in the absence of a will, we can help you portion out the assets appropriately, We can also represent you in a petition for your loved one’s property if you stand to benefit from intestate succession.

Meet With a Comal County, TX Probate Lawyer

Dealing with the loss of a loved one is difficult, regardless of other circumstances. Probate court should not have to compound your stress at this challenging time. At Geoff Mayfield, Attorney at Law, our Wilson County, TX estate litigation attorney can help you figure out how to manage your loved one’s property and assets after death. Call our offices at 210-535-0870 today to set up a complimentary consultation.