Many Americans are aware that following death, a legal process known as probate is generally necessary. However, many do not know exactly how the probate process works. Probate in Texas is a relatively smooth and simple process, compared to many states. Today's blog post will define the Texas probate process and outline the basic steps that must be completed.
Basically, probate involves obtaining a Court order appointing someone as executor (or admistrator) of the decedent's estate, thereby giving the person authority to take control of the decedent's property, pay any debts, and distribute the remaining property to the beneficiaries named in the Will (or lawful heirs, if there is no Will).
PROBATE OF A WILL
If a valid Will has been properly executed, the probate process is fairly smooth and simple. The executor named in the Will contacts a probate attorney, who files an Application with the court clerk, along with the original Will, that requests the Judge to admit the Will to probate. Following a short waiting period, the named Executor and the attorney appear in Court and demonstrate the legal requirements for admission of the Will to probate. The Judge then formally admits the Will to probate, officially appoints the named Executor as Independent Executor and authorizes the issuance of Letters Testamentary. The Independent Executor, with the Letters Testamentary, has authority to transact the business of the estate (i.e. manage and sell houses, vehicles and other property, pay lawful debts, withdraw funds from the decedent's accounts and distribute the funds and other property to the beneficaries named in the Will). Within 90 days after the Letters Testamentary are issued, the Independent Executor must submit an Inventory and Appraisement to the Judge for approval, identifying the estate's assets and the estimated value of each asset. The Judge then signs an Order approving the Inventory. Finallly, the attorney will then complete proper notice to beneficiares and the estate is closed.
PROBATE OF AN INTESTATE ESTATE
When an individual dies without leaving a Will, the probate process is more complicated. An application is filed that requests the appointment of an Independent Administrator, and a separate application requests that the Court determine who the decedent's lawful heirs are. The purpose of the heirship proceeding is to identify any and all individuals who the law deems as heirs so that the property can be distributed to them in the proper percentages. In order to ensure that no lawful heir is left out, the Court must appoint an attorney ad litem. The attorney ad litem represents any missing or unknown heirs, and is responsible for investigating the family background of the decedent to determine who the heirs are and attempt to locate any that are not already participant's in the proceedings. Once this has been completed, the applicant appears in Court along with two independent witnesses that can testify about the decedent's family backround. The Court then makes a determination of heirship and appoints an Administrator. The Administrator is issued Letters of Administration (similar to Letters Testamentary) that authorize the Administrator to take control of the estate property, pay lawful debts and distribute the estate property to the heirs in the proper percentages.
If you have lost a loved one, you should contact an experienced probate attorney to handle the probate of the estate so that assets are properly protected and distributed without any problems. Christiansen Law Firm assists individuals in the probate process. The attorneys of Christiansen Law Firm can review Wills and provide expert guidance through the probate process. For more information about how Christiansen Law Firm can help you and your family through the probate process, contact our offices now in Houston or San Antonio.