Probating a Will in Texas

TEXAS PROBATE ISN'T SCARY -- OR EXPENSIVE

If a will is properly drawn, probating a will in Texas is relatively easy with little cost or trouble. Probate is necessary if a loved one has died and you need to get a court's authority to act for the deceased. In such cases, you need to probate the will.



Probating A Will - What is Probate?

In Texas, Probate is the simple step of having a court review the
decedent's will and appointing the person named in the will, the
executor, to manage the decedent's estate.

Questions and Answers regarding Probate in Texas
Is Probate difficult?

In a nutshell, NO! Texas Probate can be simple and inexpensive. The basic steps of probating a will are:

Filing an application for probate with the court

The will gets filed with the application

One hearing to probate the will and appoint an executor Filing an inventory of the
decedent's assets

In Texas, with a properly drafted will, probate is neither time consuming nor expensive

Why should the will be probated?

It isn't possible, in most cases, to wrap up a decedent's estate without probating the will. By probating the will, the executor is given authority to act in place of the decedent, to sell the decedent's property, and to distribute it.

Even if all of the beneficiaries agree how to distribute and sell the decedent's assets, they usually will not be able to close mutual funds, sell real estate, or gain access to bank accounts without someone being appointed executor.

When should I probate the will?

As soon as you can. The quicker you begin the process, the quicker the executor will have the authority to begin to wrap up the estate. If you need access to bank
accounts to pay expenses and debts, you need to move quickly.

If you wait too long, it will cost you! You can't probate a will, without additional expense, after four years after the decedent's death. So, waiting isn't a good idea.

Can't I avoid probate?

Why avoid probate? If probate isn't expensive and does everything legally necessary to wrap up estate, why avoid it? There are some short-cut procedures, but if you can probate the will you should. Once probated, the executor can do everything to wrap up the estate -- no limits! No "short-cut" procedure can do that.

Can I do it myself? If it is so simple, why hire an attorney?
For two reasons:

First, it is relatively simple if you have done it hundred of times like our office.

Second, often courts will not allow someone to proceed without an attorney to open an estate administration.

What if the original will can't be found?

If you cannot find the original will, you may be able to probate a copy of the will. You will have to provide to the Court some reasonable explanation as to what happened to the original and some proof that the copy is accurate. Make sure to look everywhere before trying to probate a copy. You should check with the lawyer who drafted the will, safe deposit boxes, etc. before trying to probate a copy of the will. If you don't know the lawyer's name, look in the decedent's financial records and try to find a paid check or bill from the lawyer.

Texas Probate Attorney - David M. Pyke, bio and contact information