How to Probate a Will in Texas

Step 1: Filing - An application for probate must be filed with the proper Texas probate court in the county where the decedent resided.

Step 2: Posting - After the probate application is filed, there will be approximately a two week waiting period before a hearing is held for the application. During this time, the county clerk will post a notice at the courthouse to notify anyone who may contest the will or administration of the estate.

Step 3: Will Validation - After the waiting period, a Texas probate judge will verify that the decedent had a valid will or that there was no will, and finally appoint an administrator or verify the person named as executor.

Step 4: Cataloging Assets - After an executor or administrator is named to the estate, that person must catalog and report to the county clerk all the assets held by the estate within 90 days after appointment.

Step 5: Beneficiaries Identified- If the decedent had a valid will, the executor will notify beneficiaries of the estate. If no will was filed, the probate court in Texas must determine heirship.

Step 6: Notifying Creditors - Decedents usually leave behind debts. These must be resolved out of their estate. Creditors are notified of the decedent’s death by the estate’s executor and given the opportunity to file claims against the estate.

Step 7: Resolving Disputes - The estate cannot be finalized if family members or other potential beneficiaries are contesting a will in Texas or if they file related grievances. These disputes must be heard by a probate court judge. In the state of Texas, contesting a will must be done within two years after the original probate.

Step 8: Distributing Assets - After the debts are resolved and disputes cleared up, remaining assets are then distributed to the beneficiaries.

What Is Probate Litigation in Texas?

Probate litigation generally revolves around the issues of contesting a will or having an individual die without a will, which is known as “intestacy.” With a valid will in effect, the state is given the control to determine the distribution of the estate property. In these latter cases, Texas rules are strict. In some cases, beneficiaries may not get their fair share of the assets and thus will need a probate litigation lawyer to help them. In the matter of contesting a will, family members can do this by asserting various problems with the will, such as that it was signed improperly, was subject to outside pressure seeking favoritism, was fraudulent, or that the deceased person lacked mental capacity. Our firm is prepared to represent you in any will contest to ensure that your legal rights are pursued and upheld.

Ready to discuss your probate matter? Call Keith Morris & Stacy Kelly at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today.

Comprehensive Estate Administration in Houston & Fort Worth

When it comes to estate administration in Houston and Fort Worth, local residents face unique challenges that require a deep understanding of Texas probate laws and local resources. Navigating the probate process can be particularly daunting, especially when dealing with the Harris County Probate Court in Houston or the Tarrant County Probate Court in Fort Worth. These local government entities play a crucial role in ensuring that the probate process is conducted smoothly and in accordance with state laws.

One common pain point for residents in these areas is the complexity of cataloging and reporting assets. With Houston being a bustling metropolitan area and Fort Worth known for its rich history and growing economy, estates often include a diverse range of assets, from real estate properties to business interests. This makes the task of cataloging assets within the 90-day period particularly challenging. Our firm understands the intricacies involved and can help you navigate this process efficiently.

Another significant concern is the notification and resolution of creditor claims. Given the economic diversity in Houston and Fort Worth, it's not uncommon for estates to have multiple creditors. Ensuring that all debts are resolved fairly and promptly is essential to prevent any delays in the distribution of assets to beneficiaries. We are well-versed in handling creditor notifications and can assist in resolving disputes that may arise during this stage.

By leveraging our local knowledge and experience, we are equipped to address the specific needs and concerns of residents in Houston and Fort Worth. We are here to guide you through every step of the estate administration process, providing the support and expertise you need to achieve a fair and timely resolution.