When to probate a will in Texas

Pyke and Associates, Getting Results for Clients

When faced with dealing with a Probate issue in the Texas Courts you want to be sure that the law firm you have chosen is right for your needs, at Pyke and Associates our experience gets results

• We have handled hundreds of estates from simply probating a will to disputed estates involving millions of dollars.
• We make a commitment to quote fixed-fee arrangements when possible, and stick to that arrangement
• We strive to take the guess work and fear out of the process, We tell you what to expect and what will it cost.
• We handle dozens of guardianships a year
• We appear in the Probate/Guardianship courts in the entire metroplex - Dallas, Tarrant, Collin, Denton, Ellis and Rockwall counties.

Grounds for Will/Trust Contests in Texas

A will is to express the desires of its writer, the testator, for the inheritance of his or her estate. Similarly a trust, whether created by a will or during the person's lifetime, is to be of the settlor's (the person making the trust) own free rationale will. If the will or trust does not truly reflect the settlor's or testator's desires it could have been obtained by undue influence or the testator or settlor may have been mentally incapable of making the will. These are the two major bases for challenging a will or a trust.

If you are a relative of the testator or settlor and would have inherited under a prior will, you may challenge a will submitted for probate. Even if the will has been admitted to probate, it is not too late to make a challenge. Generally, a will may be contested for up to two years after it is admitted to probate.

If a will is set aside, the estate will be distributed according to any prior will, or if there is no prior valid will, the estate will be distributed to the decedent's relatives pursuant to set statutory formulas. For example, if a decedent dies without a valid will, he had two children survive him, and no surviving spouse, the two children will equally split the estate.

What to do if there isn't a Will?

If there is no will, then the property goes to the decedent's heirs. Although a will makes things cheaper, lack of a will doesn't mean a probate nightmare. Read about the options below.

AVOID DEPENDENT ADMINISTRATION
Your loved one didn't leave a will, but they did leave things to be cleaned up? What can you do? Hopefully, you can avoid the only probate option in Texas that necessarily involves high attorney fees: a full dependent administration. Dependent administration involves the Court appointing a person to take the assets of the estate, liquidate them, pay the debts, and distribute the assets to the heirs. The administrator must get Court approval for virtually every decision they make, so there is little chance of abuse, but the cost is high. Dependent administration is the probate option everyone fears, but it is easily avoided.

IS THERE JUST A HOUSE TO SELL?
The main reason that some probate administration is usually necessary is that the decedent owned a home or other real estate. A simple procedure called a Declaration of Heirship can solve your problems. Learn more about the Declaration of Heirship..

DO ALL OF THE HEIRS GET ALONG?
If so, the heirs can select one or more of them to serve as an "independent administrator" and dramatically reduce the costs of administration. Read the details about Independent Administration.

HOW ABOUT MUNIMENT OF TITLE?
This is a procedure where the will is filed to evidence who inherited a piece of property. Although a simple procedure, there must be a will. If there is no will, this simply isn't an option.