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Probate can become complicated if a beneficiary dies

Closing an estate can be complicated for any number of reasons. Some Texas residents may think that the probate process is going relatively smoothly only to be blindsided by an unexpected event. For example, beneficiaries may be working to handle the distribution of a particular asset when one of the beneficiaries passes away.

When a beneficiary passes away during the probate process for another estate, it can complicate matters. For example, if the beneficiaries are attempting to sell a home so that the proceeds can be split between three beneficiaries, they may wonder what to do if one of them dies. If this happens, it does not mean that the proceeds from the home sale can simply be split two ways. Instead, the deceased beneficiary’s own probate proceedings will come into play.

The deceased beneficiary’s estate representative will need to play a role in the sale of the home. After the sale takes place, the proceeds will still be split three ways. The decedent’s share will pass to his or her estate, and then it will be distributed in accordance with his or her estate plan or through state intestate laws.

When an unexpected matter like this arises during probate, it can seem stressful. Fortunately, there are ways for such issues to be addressed fully. Though it may delay the process or cause some confusion, Texas residents can still see the legal proceedings through as necessary, and their legal counsel can help ensure that this type of event does not cause any unnecessary problems for the other beneficiaries.


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