Navigating Texas Probate: What You Need to Know

 Posted on December 27,2023 in Estate Planning

After a person passes away, the individual’s estate often goes through the process of probate. If a person created a will before passing, then the court will appoint the person named in the will as executor of the estate. If a person passes without a will, then the Texas laws of intestacy will determine how assets are distributed

The probate process is complicated, but getting the best representation should not be. If you are in the process of probating your family member’s estate, do not hesitate to contact a Flower Mound probate administration attorney

What is Probate?

Probate is the process of naming someone to handle an estate and distributing assets to beneficiaries. The executor is either named in the will or appointed by the court (if the deceased died without a will). Probate will follow the terms that are specified in the will. If the deceased did not execute a will, then assets will be distributed based on the laws of intestacy (more on this later)

The will must be probated within four years of the deceased’s death. If the will is not admitted into probate within four years, then the estate will be probated as if the person died without a will

Overview of the Probate Process

Texas law requires that all estate assets are gathered and that the deceased’s debts are paid out of those assets. To begin probate, the executor will file an application with the court and will notify any interested parties that the will is being probated

The court will schedule a hearing to review your application. If the will meets all the requirements under Texas law, a judge will officially enter the document into probate. The court will issue letters of testamentary to the executor. The letters testamentary give the executor the power to probate the estate according to the terms set forth in the will

The court process requires specific forms to be filled out. A Denton County probate attorney can help streamline the process.

What if Someone Dies Without a Will?

If someone dies without a will, the estate will be distributed according to the laws of intestacy. Each state has different laws regarding how property and assets are distributed if a person dies without a will, also known as having died intestate.

In Texas, if a person leaves no will and dies without a spouse, the following people will receive estate assets:

• The decedent’s children and children’s descendants
• The decedent’s father and mother
• The decedent’s siblings and siblings’ descendants
• If none of these relatives survive the decedent, then the estate assets will be divided into two, with the deceased’s maternal relatives receiving one-half collectively and the deceased’s paternal relatives receiving the other half collectively.

Contact a Flower Mound, TX, Probate and Estate Administration Attorney Today

Probating an estate requires not only filling out proper forms but also knowing how to fill them out correctly. Do not attempt to navigate Texas probate on your own. Speak with an experienced Denton County, TX, probate and estate administration attorney today. To schedule your evaluation with Colbert Law Group PLLC, contact the office today online or by calling 972-724-3338.