If you have lost a loved one, you may have several questions about the probate process in Texas. We at The De Leon Law Firm are sorry for your loss and are here if you need help navigating the legal system.

What Does a Probate Lawyer Do? 

After the death of a loved one, you may feel overwhelmed by the prospect of settling their estate. What if they had a will? What if they didn’t? Did they have a trust? How does a trust relate to a will? Knowing how to settle a decedent’s estate efficiently requires the representation of a qualified and experienced estate planning lawyer who understands the probate process.

What is a Probate? 

Probate in Texas is the court-supervised process of passing property from the estate of a deceased person to the deceased person’s heirs. During the process, the court oversees the settling of the estate’s debts and then distributes all remaining assets to their heirs or beneficiaries. 

Probate generally requires the representation of a Texas probate lawyer. Once the probate process starts, there is no deadline for completing the estate. However, in situations where the estate is not completed and settled within 15 months, the court may order the executor or administrator to provide an accounting of all estate assets, debts, and expenses. Typically the deadline to give the court this information is 60 days. 

What Are the Different Ways to Probate a Will in Texas? 

There are multiple ways to probate a will in Texas, including: 

Independent Administration 

An independent administration occurred when the decedent had a valid will naming an executor for the estate. Under independent administrations, an executor has more freedom to carry out their duties without as much court supervision.

Dependent Administration 

When someone dies without a will, Texas probate law requires the estate to be supervised more closely by the court. The court-appointed administrator must post a surety bond, seek court approval throughout the probate process and file detailed reports with the probate court. 

Muniment of Title 

Muniment of title is undertaken when a valid will exists, the estate has no debts, and Medicaid has no claims against the estate. The court determines that no probate administration is needed and admits the will into probate as a muniment, or evidence, of title to the estate’s assets. 

Small Estate Affidavit 

The decedent had no will, and the estate’s value is less than $50,000. Small estate affidavits permit beneficiaries to file in these circumstances and collect property from the estate without going through the probate process. Harris County, Fort Bend County, Wharton County, and Austin County estate planning lawyers understand when a person may expedite the estate settlement through a small estate affidavit. 

Are There Time Limits to Probate a Will? 

Texas law specified four years to probate a will. However, there may be alternatives for probating a will if this period expires. For example, individuals may request a determination of heirship or have the will admitted as a muniment of title. A muniment of title permits the Texas probate court to evaluate which successors receive distributions and how much of a distribution they receive. 

What If There Is No Will? 

Texas Estate Code Section 201 provides that if you die without a will, the Texas probate court chooses an estate administrator. The estate can still be determined and probated despite the absence of a will. In Texas, most default inheritance rules permit the surviving spouse to inherit the estate. 

Why Do I Need a Probate Lawyer in Houston? 

A Houston probate attorney understands the Texas laws surrounding probates, wills, trusts, and inheritance determinations. A probate lawyer may also be an estate planning lawyer and assist you in administering estates or creating your estate plan after completing the probate process. A probate lawyer in Houston assists clients in the following ways:

• Makes all required appearances in court to discuss the probate and estate with the appointed judge, 
• Files all required Texas probate applications with the court, 
• Makes timely filings of all required Texas probate court documents, 
• Establishes proper value of the estate by cataloging and appraising all estate assets,
• Prepares and sends out notices to creditors of the estate, including postings to newspapers for public information, 
• Locates and contacts all beneficiaries, 
• Determines if any estate or inheritance taxes are due and makes sure all creditor’s claims are satisfied, 
• Transfers assets in the decedent’s name to all appropriate beneficiaries, 
• Makes the final disbursement of assets to beneficiaries after paying all bills and taxes. 

The probate process is complicated and highly procedural. The failure to make timely filings in court causes delays and other issues in settling the probate. Contacting Attorney Yvette De Leon at the De Leon Law Firm, PLLC, a Harris County estate planning lawyer who handles probate matters alleviates a stressful situation and helps the process operate smoothly.