“Probating a will in Texas can be a very involved and complex process. The attorneys at Romano & Sumner specialize in bringing you peace of mind.”
Texas will probate administration refers to the legal procedures by which a deceased individual’s property passes to others after his or her death. Probate administration may be necessary, regardless of whether the person died with or without a will (which is known as “intestate”).
Generally, the probate administration process involves collecting the descendant’s assets, paying any debts, paying any taxes owed, and distributing property to the heirs. If a will is submitted to probate, the named executor carries out these duties under the supervision of the probate court. If there is no will, an administrator is appointed by the probate court.
How long probating a will in Texas takes and how much a probate costs (as paid from the estate of the decedent) are variable, dependent upon the facts and circumstances of each case. A well-crafted will expedites the process. Estates with few or no debts are more quickly dealt with than complex ones with ongoing businesses. Some important things to consider:
- Probate Administration is where the validity of a will is decided
- Determination of heirs
- Probate Administration proceedings are public in Texas
- A Sugar Land probate lawyer can help you when probating a will in Texas
The attorneys at Romano & Sumner can help to create a comprehensive plan to probate your will in Texas.
Probate Administration is where the validity of a will is decided
Any claims as to the validity of the will are also part of the Texas probate administration proceedings. Wills must be executed in a specific manner to be valid. Additionally, there may be multiple versions of the will with different provisions, all created by the decedent. Typically, the latest version of the will is the one that will take effect, but this is only if that particular will is found to be valid. If the will submitted to probate is found to be invalid, the decedent’s estate will be administered if he or she had died intestate.
Determination of heirs
The determination of heirs becomes an issue for two very specific reasons:
- if a person dies without a will or if the will has been revoked or annulled (“intestate as to the person”); or,
- if a person dies without including a specific asset in an otherwise valid will (“intestate as to property.”)
Under any such circumstance, the Texas probate court acts according to the Texas laws of intestate succession to determine the distribution of the decedent’s property.
Probate Administration proceedings are public in Texas
Texas probate administration proceedings are public records; as such, the terms of the will are available to anyone. Notice, typically by publication in a local newspaper, must be given to any individual who may have a claim against the estate of the deceased party so they may handle their claim in a timely manner.
It is important to distinguish the difference between a person’s probate estate and non-probate estate. Certain assets are transferred immediately upon the decedent’s death by operation of law without the need for probate. Examples include life insurance policies, any asset held in joint tenancy with right of survivorship, assets with a pay on death beneficiary, and assets held in a valid trust.
A Sugar Land probate lawyer can help you when probating a will in Texas
A consultation with a Texas probate lawyer immediately following a loved one’s death is one of the best steps you can take in order to more easily cope with such a difficult event. Consultation with proper legal counsel is the key to carefully managing an estate, and the best way to insure a resolution as quickly and as economically as possible. For a free initial consultation, do not hesitate to contact the dedicated Texas probate attorneys at Romano & Sumner.
Romano & Sumner, LLC is proud to serve these Texas areas
Cities / Suburbs:
The Woodlands | Sugar Land | Baytown | Conroe | Katy | Friendswood | Pearland | League City | Richmond | Rosenberg | Spring | Humble | Kingwood | Clear Lake City | Stafford | Jersey Village | Cypress | Missouri City
77478 | 77479 | 77487 | 77496 | 77498 | 77459 | 77489
Harris County, Fort Bend County, and surrounding counties