Going through probate in Texas can be complicated and overwhelming. Having the right attorney by your side and knowing what to expect is key. Let’s take a look at the probate process in Texas.
What is Probate?
Probate is a formal legal process in which a Last Will and Testament is “proved” and accepted as a valid document. It includes identifying and determining the value of the following:
- A person’s assets,
- Any potential appraisal needs,
- Paying debts and taxes if any, and
- Distributing the remainder of the estate to their rightful beneficiaries.
If there is no Last Will and Testament, even more proceedings occur to determine how the assets will be distributed, which can be a much longer and more daunting process.
What Does the Probate Process in Texas Look Like?
Typically, there is only one individual who executes a deceased person’s probate known as the “executor.” The executor is likely a family member or close friend, and it’s best they have the original copy of the written Last Will and Testament.
In Texas, it is required that probate be performed within 4 years following the drafter of the Will’s death; if not, it’s possible that a valid Last Will and Testament can be denied probate, causing a serious issue if your assets are transferred based on your wishes. Intestacy is when no Will can be identified, and the government determines the division of assets.
The 8 Steps to Probate in Texas
There are eight clear steps to the probate process that must take place:
First is Filing. An application for probate in Texas must be filed with the proper probate court in the county where the decedent resided.
Second is Posting. When a probate application is filed, there is a standard two-week waiting period before a hearing is held for the application. At this stage, the county clerk posts a notice at the courthouse so that anyone may contest the will or administration of the estate. It is only after this posting that the probate court can proceed in opening the administration.
Third is Will Validation. This step in the process is typically when a Texas probate judge will verify that the decedent had a valid Will or that there was no Will and, as a result, will either confirm the person named as executor or appoint an administrator. This is typically done in a closed hearing before the judge.
Fourth is Cataloging Assets. After an administrator or executor is appointed for the estate, a document called an, “Involuntary Appraisement and List of Claims” is filed with the county clerk of all assets held by the estate within 90 days after the administrator or executor is appointed.
Fifth is Identifying the Beneficiaries. This is where a valid Will is helpful. If the decedent had a valid Last Will and Testament, the executor would notify the beneficiaries of the estate. If there was no Will filed, the Texas probate court must determine heirship, which is more costly and time consuming.
Sixth is Notifying Creditors. It is common for people to leave behind debts. When this happens, the debts must be resolved by the estate, which could include medical bills, mortgages, and household expenses.
Seventh is Resolving Family Disputes, if any. If disputes are not resolved, there is a good chance that the estate will not be finalized.
Eighth is Distributing Assets. The final step of the probate process, which is to distribute any remaining assets to beneficiaries, can finally take place once steps one through seven are completed.
Without a Probate Attorney to guide you through the process, probate in Texas can be very draining. For example, courts do not allow non-lawyers to file applications to probate a Will or an estate, and they especially will not allow non-lawyers to represent an estate in court. Additionally, a probate proceeding is a very detailed process requiring extensive knowledge of the law to complete.
At the Parvin Law Group, we have a skilled and experienced team of Dallas Probate Attorneys who can either guide you through the probate in Texas or assist you in avoiding probate.
Handling probate in Texas on your own can be overwhelming, but we are ready to accompany you through this process. Call us today for the next steps at 214-974-8940 or contact us online.