If you are considering setting up a trust, you are most likely wondering how much it will cost you. Unfortunately, the standard lawyer answer is “it depends.”
This blog is part two of What Do I Do If A Loved One Dies Without A Will. Part One discussed an Application To Determine Heirship proceeding, the more formal court proceeding to determine heirs and order transfer of property. Sometimes, we determine after a review of the assets of the deceased loved one that a more informal, less expensive “Affidavit Of Heirship” would be sufficient. It is not always certain that third parties will accept the informal “Affidavit,” but because it is so much less expensive than the formal court proceeding, it may be worth trying this first.
Sometimes, if your loved one has no assets that are not already disposed of by beneficiary designation or payable on death provisions, there is no need to probate a will. This frequently happens if they had already sold their home and were residing in a nursing home, and the only assets they still owned were liquid assets.
There are generally two types of probate in Texas where the decedent had a will. A full probate or a muniment of title are the two main options. A muniment of title probate is only available when there are no debts of the estate other than those secured by liens on real estate.
A full probate in Texas is complex and can be difficult to navigate without the legal counsel of an experienced probate attorney. There are many steps in the process, all of which are essential to legally settling an estate.
After the Will is located and it is determined who will serve as executor, the executor (or someone on his or her behalf) applies to the court in the county where the deceased had legal residence to probate the will.
Is there more than one type of probate? In Texas, there are two broad types of probate.
Learn more about the two types of probate in Texas by watching the video.
How long does the probate process take? Well, it depends on a number of factors.
Learn more about what affects the probate process by watching the video.
How soon must a will be probated after death? In Texas, generally a will must be filed within four years after the date of the death, but we encourage you to do it sooner rather than later.
Learn more about the probate process and how soon you should probate a will by watching the video.