Probate Process In Texas Is Not That Scary: The 6 Steps Of Texas Probate

The thought of having to do a probate in Texas for a deceased loved one is often scary. Although the legal process can seem complicated to a layperson, an experienced probate attorney can comfortably guide you through the process. The actual court appearances and steps required of you as a client are very low-key and relaxed unless there is a Will contest. 

When you meet with a probate attorney, you should leave the meeting understanding the process and what will be expected of you. The attorney should outline the steps that will be taken and what communication you will receive at every stage of the process. 

Watch the video below or read the following blog to learn more.

The 6 Steps Of The Average Texas Probate Proceeding When There Is A Will

Here is a general outline of what happens in a standard Texas probate of a Will:

1. Filing The Will And Application For Probate

The Will is filed with the probate court in the county in which the decedent lived. Notice of the probate filing is posted at the courthouse for at least 10 days, and a hearing is then scheduled before the probate judge in that county to ensure the probate requirements are met.

2. The Hearing And Immediate Follow-Up

Generally, the executor appears before the judge, but this is not always necessary. Sometimes, the judge will allow an executor who lives far away to appear by teleconference. (Other judges, however, will insist that the executor appear before them.) 

The hearing is generally very casual. It usually takes place either in the judge's office or a small meeting room around a table, not in a big scary courtroom. The executor or other representative merely establishes under oath that the decedent died on a given date, where the legal residence was at the time of death, that the Will filed is the last Will of the deceased, and that it was properly executed and witnessed, who was named to serve as executor and a few other statutory requirements.

If the judge finds the requirements have been met, an order admitting the Will to probate and appointing the executor is signed by the judge and filed with the clerk. The executor then swears to and files an oath agreeing to fulfill his or her legal duties, and the clerk issues letters testamentary. These letters are the legal proof of authority to act on behalf of the estate, which the executor will present to third parties. The executor must then provide proof that these steps have occurred to beneficiaries of the estate or have them sign a waiver of receipt of such proof. The attorney will handle all of these follow-up steps.

3. Filing Inventory And Appraisement Or Affidavit In Lieu Thereof

In the past, Texas law required the executor to file an Inventory and Appraisement of the estate within 90 days of appointment unless the court extended that deadline. This required listing assets and making at least a best effort to estimate their value. 

Many people did not like having to file this summary of assets in the public records in the county clerk's office. Texas now allows this to be avoided by the executor providing the inventory to all beneficiaries, who agree to waive filing the inventory in the public record of the probate. The executor then files a sworn affidavit with the court attesting that this was done.

How detailed the inventory and appraisal must be depends on the:

• Complexities of the estate
• Whether there is likely to be any question of assets owned or values by beneficiaries or creditors
• And other variables
  
  

4. Notice To Creditors

Texas law requires notice to be published in a newspaper of general circulation in the county where the probate is filed to allow creditors to file claims against the estate. A specific notice is also required to be mailed to certain secured creditors of the estate. Proof of compliance with the notice requirements is filed with the county clerk in the probate case. The attorney handles all of these steps.

5. Payment Of Creditors And Recognition Of Rights Of Others

Texas statutes set out complicated rules for filing, approving, prioritizing, and paying claims against the estate. This is probably when legal counsel is needed most. There are certain rights of surviving spouses to homestead in real estate and certain personal property, and other priority claims that should be recognized by the executor, too.

6. Distribution Of The Estate

If the Will provided for an independent administration of the estate or all of the heirs agree to an independent administration, the executor is then free to:

• Settle with creditors
• Distribute assets in kind
• Sell assets
• Otherwise settle and distribute the estate

In an independent administration, no further court involvement is needed, and no final report has to be filed with the court after the inventory and appraisement and claims procedures have been satisfied. However, in some cases, the executor may be wise to file a final report to indicate of record that his or her duties have been fulfilled.

An Experienced Probate Attorney Is The Difference Between A Simple And A Complicated Probate Proceeding

If your loved one has passed away in Texas and you would like an attorney to guide you through the probate process, contact Adair M. Buckner, Attorney at Law. Adair has successfully provided probate services to Amarillo and Texas Panhandle residents for more than 40 years. Set up a free initial consultation* today and allow her to guide you through this complicated process.

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*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.