how to get a will probated in texas

7/28/2019 How To Get A Will Probated In Texas

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A step-by-step guide to the Texasprobate system with information

every resident should know.

How To

Get A WillProbated

In Texas


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What Is Probate?

probate [proh-beyt] noun

Law. the official proving of a will as authentic or

valid in a probate court.

In Texas, probate is the process by which a court

legally recognizes a person's death and authorizes

the administration of his or her estate. This

process happens whether or not the individual had

a Last Will and Testament.


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Different Types Of Probate

There are several ways to probate a will in Texas.

These include:

Independent Administration

Dependent Administration

Muniment of Title

Small Estate Affidavit


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Independent Administration

When the decedent, or person who has died, left a valid will

naming an Executor, Independent Administration is the typical

process for probate.

In this process, the

Executor has more

freedom to carry

out his dutieswithout strict

court oversight.


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Dependent Administration

This type of probate is often the process when aperson has died without having a will. Thereare two key elements that make it distinct:

The probate court judge will appoint anAdministrator for the estate.

The court will strictly oversee all steps of theprobate process, including requiring detailedreports by the estate Administrator.


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Muniment of Title

Muniment of Title proceedings are generallymuch simpler and inexpensive than typicalprobate. However, this process can only be

done under certain conditions:

A valid will exists.

Estate has no unpaid debts except securedliens (such as real estate).

Medicaid has no claims against the estate.
http://www.texas-probate-attorney.net/texas-muniment-of-title-texas-transfer-of-property-texas-executor.htmlhttp://www.texas-probate-attorney.net/texas-muniment-of-title-texas-transfer-of-property-texas-executor.html


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Small Estate Affidavit

If the decedent had nowill and the estate isvalued at $50,000

or less, beneficiarieshave a differentoption: filing aSmall Estate Affidavit to

collect their propertywithout going through probate.
http://www.texas-probate-attorney.net/texas-small-estate-affidavit-texas-probate-lawyers.htmlhttp://www.texas-probate-attorney.net/texas-small-estate-affidavit-texas-probate-lawyers.html


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How To Probate A Will

The next section of this presentation will takeyou step by step through the process ofhowto get a will probated in Texas through

Independent or Dependent Administration.
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Step 1: Filing with the Court

Getting started withthe Texas probateprocess is actually

a simple step. Anapplication is filedwith the probate

court of the countywhere the decedentresided. For a loved one who resided inHouston, for example, an application would be

filed at the Harris County probate court.


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Step 2: Notice of Probate

Once a probateapplication is received,the County Clerk will

post a notice at thecourthouse. Therewill be about a two

week wait until ahearing is held. During that timeis when those who want to contest the will oradministration of the estate can file claims.


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Step 3: Validating the Will

The next step in the probate process will be ahearing presided over by a Texas probatejudge. The judge will do several things:

Legally recognize the death.

Verify the will (if one existed).

Appoint an Administrator or verify theperson named Executor.


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Step 4: Taking Inventory

One of the first duties of an Executor orAdministrator will be to catalogue andappraise all assets held by the estate.


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Step 5: Find the Heirs

When finding heirs, also called beneficiaries,there are 2 different processes that mayoccur:

1. A valid will: The Executor must locate andnotify beneficiaries named in the will.

1. No will: Heirship is determined by a Texasprobate court in accordance with the state's

laws on inheritance.


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Step 6: Notify Creditors

The Executor or Administrator must also notifycreditors of the estate of the death, usuallywith a notice published in the local

newspaper.

The creditors then have the opportunity to file

claims against the estate for payment of thedecedent's debts.


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Step 7: Resolving Disputes

When someone is contesting a will in Texas orother grievances have been filed, a probatejudge must hear those issues before the estate

is finalized and assets distributed to heirs.


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Step 8: Distributing Assets

When the debtsand disputesinvolving an

estate areresolved, theExecutor or

Administratorwillthen distributethe

remaining assets


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When Probate Is NotNeededMost people will go through one of the four

probate processes when a loved one dies.However, the process is not needed to

transfer certain types of assets tobeneficiaries. These assets are called NonProbate Assets.
http://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.html


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Non Probate Assets

Non Probate assets inTexas include:

Property held withjoint tenancy withright of survivorship

Community propertyheld with right of survivorship

Life insurance policy funds

Annuity survivor benefits


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Texas Probate Attorneys

No matter how simple your loved one's estate is, the help of anexperienced Texas probate attorney can be beneficial. Learnmore about probate in Texas and how to plan ahead with thehelp of an estate planning attorney by visiting

http://www.texas-probate-attorney.net today.
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