How does the probate process work in Texas?

Officially, the probate process begins when a person files an Application for Probate of Will and for Issuance of Letters Testamentary with the probate court clerk. Often the person filing these papers is the person named as the Executor or Executrix in the Will, or a Texas attorney on his or her behalf.

Where can I find free probate law books in Texas?

These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free. This set provides coverage of every aspect of probate law and estate and trust administration in Texas.

What is the Travis County probate court?

In Travis County, The Travis County Probate Court is the statutory probate court with jurisdiction to probate the Wills of deceased persons and declare the heirs of deceased persons who die without a Will.

Who is the person who files a will in Texas?

Often the person filing these papers is the person named as the Executor or Executrix in the Will, or a Texas attorney on his or her behalf. The original Will should be included with the Application.

They use the probate process in Texas to wind up the affairs and transfer title and ownership of the decedent’s property among the beneficiaries in the Will. If the decedent owned different types of real and personal property, some of it may pass through the probate estate and some of it may be non-probate property.

What kind of property is exempt from probate in Texas?

Real property owned by the decedent as Tenants by the Entirety. Some types of property are protected by Texas law from being distributed and may be set aside as exempt from the probate estate.

What are the duties of a homesteader in Texas probate?

administration of the estate. Tex. Estates Code §§ 353.051, 403.001 (West 2017). However, the person exercising the probate homestead right has certain duties and responsibilities. The homesteader is chargeable with expenses of upkeep of the property, meaning ordinary repairs.

Are there any assets that do not go through probate?

There are non-probate assets that do not go through the probate process. There are also exemptions for certain kinds of property that do not pass through probate. Non-probate assets do not pass through the probate process, but instead are handled outside of the court.

What happens if no contest is received in Texas probate court?

If no contests are received, the probate court proceeds in opening the administration. Step 3: Will Validation After the waiting period, a Texas probate judge will preside over a hearing and will legally recognize the decedent’s death.

How long does it take to contest a will in Texas?

In the state of Texas, contesting a will must be done within two years after the original probate. A legal representative is necessary to direct and guide you through the dispute process whether or not you are the complaintant. The person contesting a will must prove that the will is invalid or that there is something wrong with it.

What is an exemption from probate in Texas?

Exemptions. Some types of property are protected by Texas law from being distributed and may be set aside as exempt from the probate estate. For example, certain family members such as the decedent’s surviving wife and minor children have a constitutional right to use the homestead after a person dies.

What are a beneficiary’s rights under Texas probate law?

Texas law provides beneficiaries with certain rights to receive reports about these expenses, called accountings. When all the debts and taxes have been paid, the assets left in the probate estate will be distributed under the provisions of the will.

Do I need a lawyer to probate a will in Texas?

Courts in Texas use the county to determine whether the will’s executor must have a lawyer. If the testator lived in a particular metro area, the probate process runs by The Statutory Probate Court . For testators who lived in rural areas, the Constitutional County Court oversees the probate procedure.

Can an estate qualify for simplified probate in Texas?

In some cases, estates may also qualify for simplified probate proceedings. In general, it is best to consult an attorney for legal advice if you aren’t sure what aspects of Texas’ probate code are required to be abided by for a given will.

Where can I get help with probate in Austin Texas?

Call the office of Sheehan Law, PLLC with any questions you have regarding probate in the Austin, Pflugerville, Round Rock, or Cedar Park areas and we will be happy to set up a consultation to discuss. Your email address will not be published. Required fields are marked *

Which state has the easiest probate laws?

Texas for example, is considered to have easier rules to adhere to when it comes to probating. In Texas, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court.

Can you sell a house before probate is granted in Texas?

A sale before this petition will not be considered valid. This answers the question can you sell a house before probate is granted. It also shows that when it comes to Texas like the other states there are specific rules that must be followed. Potential buyers must be told that a sale can only be finalized after court confirmation.