Probate is a legal process that manages the distribution of a person’s property after death. Probate proceedings are commenced by the executor or administrator of an estate, who seeks to obtain from a court an order appointing him or her as executor and giving him authority over the estate.
The probate court will then decide if it has jurisdiction to grant this request, and if so, appoints the executor as administrator of the estate. The probate court also decides whether there will be an independent appraisal of assets, and what amount must be paid by beneficiaries before receiving their share of the inheritance.
This article covers some key points about what probate is and how it works in Texas.
How To Probate a Will in Texas
The first step is to contact the county clerk and ask for a probate packet. The packet includes an application for probate, a petition for guardianship, and other documents that are necessary to file with the court.
The second step is to prepare the required documents and submit them to the county clerk’s office. This includes checking your will for any errors that may need corrected before it can be filed with the court.
The third step is waiting for approval from the court before you can take any action on behalf of your loved one’s estate.
The fourth step is completing all of your tasks as executor or administrator of their estate after approval has been given by the court.
Who Can Probate a Will?
After the person dies, the executor is in charge of carrying out the instructions in the will. The executor is the person who is legally responsible for carrying out the wishes of the deceased. The executor can be any adult who is 18 years or older and has no interest in inheriting anything from the estate.
Is There a Time Limit to Probate a Will in Texas?
The probate process starts when someone dies with a valid will, or if there is no will, when someone dies without heirs. The time limit to probate a will in Texas is four years. A will can be probated after four years in Texas. But it is important that the beneficiary or executor tells the court why the will was not probated in a timely manner, otherwise the will may be in default without explanation.
How Long Does the Probate Process Take in Texas?
The length of time it takes for the probate process to complete depends on whether or not there was a will and how cooperative the heirs are.
The probate process can be long and complicated, but it typically takes 2 to 3 months to complete if there is a will and the heirs are cooperative, but it can take much longer if there is infighting among heirs or if there is a contested will.
If there are federal estate taxes this could further slow the process down. But these taxes only apply to large estates over 11 million dollars.
Probate Attorney in Texas
One of our main law services at Winton Law P.C. is probate cases. This is not a side offering we undertake. We provide the upmost attention to your probate case at a reasonable cost. Give us a call at 915-201-2633 to set an appointment to discuss your case.
Winton Law El Paso P.C.
1533 N. Lee Trevino Suite 201
El Paso, TX 79936
Hours: Monday – Friday 8:00AM to 5:00PM by appointment only
Disclaimer: Every effort has been made to ensure the accuracy of this article at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal services should consult with an experienced lawyer to understand current laws and how they may affect your case.