• Probate law is the area of law that deals with the distribution and execution of a person's estate and assets after they have died. In El Paso, Texas there are a number of laws and procedures on the books that attempt to formalize and expedite this process in a thorough respectful manner.
  
  

Dependent and Independent Administration

• Texas courts rely on both dependent and independent administration of a will and estate. Dependent administration of a will is when a court judge or official directs and oversees the distribution of the deceased's belongings and assets. Independent administration is when there is no court official to oversee the total distribution of belongings and assets, but a probate judge signs off on the final arrangements of the deceased's last will and testament. A dependent administrator is brought in only when the family requests it, if it is written into the will by the deceased, or if there is a dispute regarding the execution regarding the deceased's estate. In El Paso, there is a group of probate judges who deal exclusively with these cases. Most cases in Texas are settled independently without the need of a dependent probate judge.
  
  

Taxes

• In El Paso, if taxes are owed by the deceased, all taxes must be paid before division of assets and estate. Deceased persons are typically exempt from paying the majority of further federal taxes; however, state, local, and property taxes must be paid prior to division of the estate.
  
  

Intestate

• When a person dies without a will, El Paso law dictates that the decedent's estate be regulated "intestate." Intestate simply refers to the set of procedures for dividing an estate without a proper last will and testament. Intestate procedures declare that possessions and assets must be initially divided between the closest living family members, such as the spouse and offspring, first. If there are no immediate family members, the estate passes to the next closest relative. If there are no living family members to pass the estate and assets onto, the estate may be subject to public donation or auction. The difficulty with intestate law is that it does not allow for the deceased to specify to whom his estate and assets should go. For this reason, it is recommended that a person should draw up a legal will and revise it when necessary.