The first step is to determine if there was a valid last will and testament or legal trust setup by the deceased. If no valid will or trust exists, the estate will fall under probate law in which the final details of the distribution of the estate's assets will be determined in the probate process and settled by a probate judge.
A last will and testament for sizable estates is usually established by an attorney. Instructions in the will may address issues like naming an estate executor, recording the names of all beneficiaries and the distribution of assets to each one, and naming of an appointed guardian for minor children.
Probate is the most difficult process for the settlement of any deceased person's estate. Every concerned party including creditors will have an interest in a portion of the estate to satisfy what they feel they are entitled to. Since agreement between them is nearly impossible, a probate judge will make a fair settlement.
It is highly recommended that a will or trust be established for every estate. If a will or trust does not exist for your deceased family member in West Texas, contact probate lawyers to begin the probate process. Experienced lawyers will make sure your issues are addressed to the probate judge and a fair settlement is executed.