How To Get A Will Probated In Texas

A step-by-step guide to the Texas probate system with information every resident should know.

What Is Probate?
probate [proh-beyt] noun Law. the official proving of a will as authentic or valid in a probate court. In Texas, probate is the process by which a court legally recognizes a person's death and authorizes the administration of his or her estate. This process happens whether or not the individual had a Last Will and Testament.

Different Types Of Probate

There are several ways to probate a will in Texas. These include:

Independent Administration Dependent Administration Muniment of Title Small Estate Affidavit

Independent Administration
When the decedent, or person who has died, left a valid will naming an Executor, Independent Administration is the typical process for probate. In this process, the Executor has more freedom to carry out his dutieswithout strict court oversight.

Dependent Administration
This type of probate is often the process when a person has died without having a will. There are two key elements that make it distinct:

The probate court judge will appoint an Administrator for the estate. The court will strictly oversee all steps of the probate process, including requiring detailed reports by the estate Administrator.

Muniment of Title
Muniment of Title proceedings are generally much simpler and inexpensive than typical probate. However, this process can only be done under certain conditions:

A valid will exists. Estate has no unpaid debts except secured liens (such as real estate). Medicaid has no claims against the estate.

Small Estate Affidavit

If the decedent had no will and the estate is valued at $50,000 or less, beneficiaries have a different option: filing aSmall Estate Affidavit to collect their property without going through probate.

How To Probate A Will

The next section of this presentation will take you step by step through the process of how to get a will probated in Texas through Independent or Dependent Administration.

Step 1: Filing with the Court

Getting started with the Texas probate process is actually a simple step. An application is filed with the probate court of the county where the decedent resided. For a loved one who resided in Houston, for example, an application would be filed at the Harris County probate court.

Step 2: Notice of Probate

Once a probate application is received, the County Clerk will post a notice at the courthouse. There will be about a two week wait until a hearing is held. During that time is when those who want to contest the will or administration of the estate can file claims.

Step 3: Validating the Will

The next step in the probate process will be a hearing presided over by a Texas probate judge. The judge will do several things:

Legally recognize the death. Verify the will (if one existed). Appoint an Administrator or verify the person named Executor.

Step 4: Taking Inventory

One of the first duties of an Executor or Administrator will be to catalogue and appraise all assets held by the estate.

Step 5: Find the Heirs

When finding heirs, also called beneficiaries, there are 2 different processes that may occur:

1. A valid will: The Executor must locate and notify beneficiaries named in the will.
1. No will: Heirship is determined by a Texas probate court in accordance with the state's laws on inheritance.

Step 6: Notify Creditors

The Executor or Administrator must also notify creditors of the estate of the death, usually with a notice published in the local newspaper. The creditors then have the opportunity to file claims against the estate for payment of the decedent's debts.

Step 7: Resolving Disputes

When someone is contesting a will in Texas or other grievances have been filed, a probate judge must hear those issues before the estate is finalized and assets distributed to heirs.

Step 8: Distributing Assets

When the debts and disputes involving an estate are resolved, the Executor or Administrator will then distribute the remaining assets

When Probate Is Not Needed

Most people will go through one of the four probate processes when a loved one dies. However, the process is not needed to transfer certain types of assets to beneficiaries. These assets are called Non Probate Assets.

Non Probate Assets

Non Probate assets in Texas include:

Property held with joint tenancy with right of survivorship Community property held with right of survivorship Life insurance policy funds Annuity survivor benefits

Texas Probate Attorneys

No matter how simple your loved one's estate is, the help of an experienced Texas probate attorney can be beneficial. Learn more about probate in Texas and how to plan ahead with the help of an estate planning attorney by visiting http://www.texas-probate-attorney.net today.