The laws governing probate vary from state to state, and Texas is no different. Understanding how probate is handled in Texas, especially the rules regarding filing of probate is critical. Properly following procedures, or working with a qualified attorney will ensure that the difficult process of settling the estate of a loved one goes as smoothly as possible.
Simply put, probate is the process of ‘proving’ a will in court. Through the process of probate, a deceased person’s property and assets is legally transferred to their heirs or beneficiaries. Typical items covered by probate include property, taxes, debts and fees, even the probate fees. Any monies owed are paid out while the remaining funds and assets are distributed to the proper heirs.
In the state of Texas, wills must enter into probate within four years of death. There are few exceptions to this rule, but they are very strict. It is sometimes not necessary to probate a will. This is especially true if the property and assets of the deceased were of little monetary value. In most cases heirs or beneficiaries opt to probate a will if there is a great deal of property or other assets to be distributed or if there is a significant amount of debt owed by the deceased.
The actual process of probate is not at all difficult. In fact, there are four basic steps to a successful probate:
1. Application: the application must be properly filled out and filed with the probate court
2. Hearing: A hearing will be scheduled during which time the will will be proved and an executor will be appointed
3. Notice: A notice must be posted in a local newspaper to alert creditors of the estate.
4. Inventory: a full and complete inventory of the assets and property of the deceased must be completed.
In most cases, probate is relatively inexpensive, costing approximately $2000.00. This fee may be higher if the will is particular complex or involves multiple parties or large amounts of debts.
If the deceased did not leave a will, it is still possible to file probate. A special set of procedures, known as the Determination of Heirship, must be followed. This process will help the courts determine who the legal heirs to the estate are. The four-year limitation is still valid in this case.
If probate is not filed within the allotted four years, the petitioner must follow a more strident and complex procedure in order to probate. It is, however, possible under certain circumstances to probate a will even after the given four years.
Except in the cases of simple estates will little assets, probate can prove to be time consuming and cumbersome. It is often better to work directly with an attorney who specializes in probate issues. They can assist you with the necessary paperwork and hearings and ensure that your case moves forward to a successful completion.