Texas Probate Process

We will handle your probate case efficiently and guide you in the administration of all assets involved. We understand this can be a very emotionally difficult process, and we will be here to listen and advocate for you the whole way through.

Whether your probate situation involves a will or not, we will help you and provide all the necessary instruction for ease of completion.

There are five ways to probate your estate, often only one is the best choice.

The five ways to probate your estate include the following:

1. Small Estate Affidavit:

A family should initially consider filing a small estate affidavit, since it is the least complicated and least expensive form of probate. However, this can only be used in very limited circumstances. Specifically, the estate, minus a homestead, must have a value below $75,000. There also must have been no will in existence at the time of the passing of the deceased individual.

A small estate affidavit would not be the right choice for probate if the estate has large debts or if there is certainty that an heir such as a child would refuse to sign the affidavit. 

2. Muniment of Title:

If a small estate affidavit cannot be used, one should consider filing a muniment of title. This is a Texas probate option only when there is a valid will, no debts are left except for real estate debt, and there are few if any other financial assets. Institutions may or may not allow the assets held as stocks, bonds, CDs, or other cash accounts to be transferred to someone who is not named as executor.

Muniments of title do not go through the traditional route of having a court qualifying a named executor, and so administration does not take place if this route is taken. Therefore, it’s important to figure out if administration would be required or not before choosing this route.

3. Probating a Valid Will:

The most common form of probate is the traditional way, which is when a valid will is brought before a Texas court and a named executor is duly qualified is granted authority to administer the estate. This usually requires in person testimony of the executor. 

The whole process lasts at least 6 months, depending on the complexity of the estate, as time is needed for the hearing to take place and to notify creditors of probate. 

4. Independent Administration:

If your loved one has passed without a will, it may be that Independent Administration is the only choice forward. This requires two different types of court hearings, albeit they are generally quick hearings. However, preparation for and the application process of independent administration can be lengthy. One hearing requires proving to the court who the heirs are and the other is to authorize the person who will be administering the estate. 

The court must appoint a third party to investigate the family history to confirm the testimony that will be given in court. This process takes significantly more time than probating a will. 

5. Dependent Administration:

At times, unfortunately, descendants of someone who died without a will, do not get along and cannot decide who should become the administrator of the estate. If this is the case, an even more complicated version of probate would be required, called Dependent Administration.

The probate court is required to supervision the entire process, unlike in other forms of probate. When property is to be sold or creditors paid, hearings must be set before the court, making the process much for time consuming and expensive.  

Families should strive to avoid having to go through this process by utilizing a will or trust and other estate planning tools. 

How to avoid probate:

Avoiding the often long and costly probate procedures can be accomplished in several ways. A Revocable Living Trust allows you to retain control over all your assets while you are living and avoids probate for your heirs. The administration of your estate is also faster and easier, not having to work through the court systems. Designating beneficiaries via Transfer of Death (TOD) agreements such as on bank accounts and other assets, ensures your assets will be automatically transferred to those whom you wish to receive your assets at your death. 

These and a few other methods than can be applied to help arrange for the transfer of assets and avoid the hassle of probate.