Losing a loved one is never easy—and figuring out what to do next can feel overwhelming. At The Blum Firm, we often hear the same question: “Where do I even start?” Whether your loved one left a will or not, there are key steps you must take to properly handle their estate.
In this video, we break down what happens when your loved one leaves behind a will—what that means, what probate really involves, and what to expect from the legal process. We’ll guide you through the role of the executor, discuss why the original will is so important, and explain common misconceptions to avoid—like thinking you can skip probate altogether.
If you’re feeling unsure about the next steps after losing a loved one, this video offers clarity, reassurance, and practical advice straight from our legal team.. 💼
👉 Watch now to learn how to confidently take the first step toward honoring your loved one’s legacy.
YouTube link: Texas Estate Administration Explained: With vs. Without a Will
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Video Transcript
0:00 Intro
0:19 Simplest Case: There Is A Will
0:37 Probate Required
1:00 Locate All Documents
1:24 Submit To Your Attorney
1:46 File Probate Application
3:09 Letters Testamentary
3:58 Recap
0:00 Intro
So here at the Blum Firm, one thing that we hear from clients a lot is that they don’t know where to start when a loved one has passed away, and that can also depend on if their loved one had a will or if they did not have a will and what the various steps are to handle their estates. And that’s something that we’re going to talk about here today.
0:19 Simplest Case: There Is A Will
So, the first thing that we’re going to talk about is when a loved one passes away and they have a will. So, this is the best case scenario, typically. Of course, there are some pitfalls for if that will was not drafted properly or if there might be some issues with the will.
0:37 Probate Required
One thing that we see typically is people will maybe think that if there is a will, they don’t have to go through probate court. But that is a common misconception; and even if your loved one did leave a will behind, you actually have to go through the courts and have a probate judge find that the will is valid, admit the will to probate and swear in the named executive in the will.
1:00 Locate All Documents
So, the first thing that we always say to do is collect those documents. If you have the original, that’s obviously the best case scenario, because the process is much easier and faster when you have the original of that will with the actual ink signature on it. So, we encourage you to gather those documents and then you can deliver them to your attorneys so that they can get those submitted to the courts.
1:24 Submit To Your Attorney
Once we have the will in our possession, we’re able to look at the will, make sure that it’s executed properly, make sure that there is a named executor in the will, make sure the person bringing us the will is in fact the named executor in the will, and begin drafting that initial application that we will file with the court requesting that the will be admitted to probate.
1:46 File Probate Application
Once we get the application on file with the court, there are some citations that have to be issued that we will handle for you by requesting those through the clerk’s office. And once those citations have sat for the required amount of time, we can then request a hearing date. At the hearing date, the named executor does need to appear with us at that hearing. Sometimes the courts are allowing virtual appearances if you reside out of state or if you are not close to the courthouse. But sometimes they do require an in-person hearing that we will of course be there with you.
At that hearing, we what they call prove up the will, which is basically telling the judge that you do recognize the will that we’ve given to them as the will of your loved one, that you do recognize their signature on that document, and that you are willing and qualified to accept your role as the executor. I know sometimes people think if they’re named as the executor in the will that they’re automatically the executor. They can start collecting those assets, using those assets to pay debts or even distributing the assets to the beneficiaries in the will.
But it’s very important to remember as soon as your loved one has passed away, do not access their bank accounts. If you had a power of attorney, those expire when your loved one passes away. So, it’s very important to make sure as soon as your loved one passes that you no longer act on their behalf or access any of their accounts.
3:09 Letters Testamentary
Once you’re appointed through the court, then you get what’s called letters testamentary. I always call it kind of the golden ticket. It’s the document that allows you to stand in the shoes of your loved one to handle and administer their estate. Of course, our firm will guide you through that process because there are a few things that you have to do through the court such as running a notice to creditors, preparing and filing an inventory and list of claims as well as giving proper notice to all of the beneficiaries.
So when there is a will, things are much easier. It can sound daunting, but our firm is here to walk you through that, but it is important to just remember that you keep those original documents because if you do not have the original, there’s a whole different kind of process that we have to go through and we can talk about that in our next video.
3:58 Recap
So in summary, if your loved one did pass away and they have an original will, that is the easiest scenario for our firm to assist in getting their will admitted to probate. Just remember, keep the original documents safe. Remind your loved ones how important it is to keep their original documents safe. Have them tell you where they keep those documents. We have a lot of clients that come in and they just don’t know where their loved one might have put it; so, have those conversations. Keep that original safe. Bring it into your attorney when it’s time to probate it and we can walk you through the steps of getting it admitted through the courts.
If you have any questions about having an original last will and testament admitted to administer your loved one’s estate, you can click the links below to reach out to our firm and we would be happy to assist you with this. Thank you so much for watching.