If joint accounts are established with “rights of survivorship,” then they are not subject to the probate process. However, Texas law says that joint accounts are not created with right of survivorship unless the account holders specifically designate it when the account is created.

While each case is different, the majority of all civil legal actions that are filed eventually settle before trial. Because there are no guarantees that your case will settle, it is prudent for your attorney to prepare the case to be decided in court. In almost every case, the attorneys and parties will eventually consider discussion of settlement options and/or mediation (a formal negotiation meeting to discuss settlement). Depending on the case, occasionally, the court will need to approve a settlement between parties.

Under Texas law being the surviving spouse does not mean you can automatically avoid the probate process. Under a traditional deed in Texas, a home does not automatically transfer to the surviving spouse upon death. The same goes for cars, stocks, and other assets.

If the deceased owned any real estate or other property that did not have beneficiaries named, then the Will must be probated in order to transfer titles to lawful heirs. 

It’s best to speak to a probate lawyer and ask them. Typically, that lawyer is going to start by examining the Last Will and Testament of the deceased and ascertaining whether the Will allows for “Independent Administration” or administration that is “free from court supervision.” If it does, then it is likely the probate will be a simple process. Even if it does not, however, there are sometimes still options that allow a simplified, independent administration of the estate.

Each case is different. Some cases involve a fairly simple legal process that requires only one court hearing and a few legal filings. Other cases, however, require extensive court involvement and considerable effort. Typically, the difference involves the type and extent of the estate plan the deceased had in place. A licensed attorney can help you better understand how complicated your case may be.

These are the two most commonly asked questions when clients first speak to a lawyer about their case. Bluntly, the answer to each is, “I don’t know.” Various factors exist related to the cost and lengthiness of a litigation that can affect both. Some of those factors relate to the complexity of the issues involved, the manner in which the other party or parties litigate the case, and when the court will hear the case.

You have four years from the date of the decedent’s death to file the Will for probate. If the Will is never filed, the decedent is treated as having died without a Will, and the heirs determined under Texas law will be entitled to the decedent’s assets.  

“Intestate” means that a person died without a valid Will.  

If you don’t probate a Will, then certain assets may not be properly transferred and may stay in the name of the deceased. For example, if nothing is done to formally transfer the title from the deceased to the heirs or beneficiaries, then the home will not be able to go up for sale.

A decedent is a legal term for a person who has died. Courts and court documents regularly use this word in place of the name of the person who has died. 

A homestead is a place lived in and owned by an individual and not a company. It can be located on owned or leased land, as long as the person that lives in the home owns the structure. 

Estate administration is a legal process where an estate is managed (such as settling claims, paying debt, distributing property) after an estate administer is approved by a court.

While many estates are uncomplicated and resolved with relative ease, occasionally, legal fights break out between loved ones, heirs to estates, creditors, and other property owners. When this happens related to a deceased person’s estate, the parties will often litigate the matter in a court of law. Such cases include a variety of different issues but some of the most common involve claims that a deceased person did not have the requisite mental capacity to execute a Will or Trust, that someone unduly influenced the deceased person regarding the Will or Trust, that a beneficiary or heir is not being given information or distributions or that someone stole from the estate or a fraud has been committed.

In most contexts, the word “probate” refers to the legal process that deals with the assets and debts left behind after someone dies. By default, probate is supervised by a court, called the probate court. When someone dies with a Last Will and Testament, the probate process is used to prove the validity of a will.  Depending upon the type of probate matter, most probate actions in Texas can be relatively simple and cost-effective.

First things first, go speak to an attorney who practices probate litigation (our firm does). Be prepared to explain to the attorney generally what has happened, who is involved, and what their claims are. You should do so immediately before doing anything else.

When someone dies without a Will in Texas, the decedent’s “heirs” are entitled to the property of the estate.