Houston Probate FAQs

After someone dies and their will is found, the document should be filed with the probate court in the decedent’s county of residence. The court will validate the will, and upon approval, issue letters testamentary to appoint a personal representative to manage the deceased’s estate.

A skilled attorney can explain the step-by-step process of what happens after the will is submitted for probate.

Probating a will may be necessary to ensure the deceased’s estate is administered correctly, outstanding debts and taxes are settled, and assets are distributed to rightful beneficiaries. This legal process validates the will, appoints an executor or administrator, and provides a transparent framework for resolving any claims against the estate. 

Depending on the deceased’s estate plan, it is possible to skip probating a will. However, in the situation where the person holding the will merely refuses to produce it or take action, assets remain in the decedent’s name, preventing beneficiaries from accessing or transferring their inheritances. Unresolved debts and taxes may accumulate, and the estate could incur ongoing expenses, such as property taxes and insurance premiums, which may go unpaid unless someone covers them personally. The personal representative could also be held financially liable for excess expenses incurred by the estate or heirs if the will is not filed.

For simple estates with an uncontested, valid, will, probate can take anywhere from three to six months to finalize. However, the timeline for probate can change depending on whether the probate court has a lot of backlog, or if the testator has more complex assets.

A muniment of title is a legal document that serves as evidence of ownership for a property or asset, such as a deed, will, or court judgment. In certain jurisdictions, like Texas, probating a will as a muniment of title allows for the direct transfer of assets to beneficiaries without the need for formal estate administration, provided there are no outstanding debts other than those secured by real estate. 

An executor is responsible for managing the estate of a deceased individual by identifying assets, paying debts and taxes, and distributing property according to the will. This may involve selling assets, resolving disputes, and handling legal complexities, especially if the will includes conditions for heirs. The role requires careful administration to ensure compliance with legal and financial obligations.

Whether you are an executor or a beneficiary, understanding the difference between an executor and an administrator during probate can help clarify questions you may have about how a personal representative factors into the probate process.

To determine if you have been appointed as the executor of an estate, you should first review the deceased person’s will, as it typically names the chosen executor. If you do not have access to the will, consider contacting the deceased’s attorney or checking among their personal papers. Once the will is submitted to the probate court, the court confirms the executor’s appointment, providing official authorization to manage the estate. One of the main differences between executors and administrators lies in the manner of their appointment. If you have been appointed as the executor of an estate, working with a skilled attorney can help clarify your responsibilities during probate. 

If you are a beneficiary of a deceased person’s estate in Texas and the window for probating the will has passed, transferring the property’s title can be challenging; especially as assets remain in the deceased’s name without probate. To resolve this, you might consider filing an Affidavit of Heirship, a legal document that identifies the heirs and outlines the decedent’s family history. 

People often delay probating a will to avoid court costs, legal complexities, and time-consuming procedures. However, postponing probate can create issues such as disputes among heirs, difficulties in transferring property, unresolved creditor claims, and potential tax consequences. Without probate, asset distribution may become uncertain, leading to unintended beneficiaries receiving portions of the estate. Probating a will may be crucial to ensure the timely distribution of the deceased’s assets. If you are uncertain about the process, consulting a seasoned Houston probate attorney can be beneficial.

Feeling overwhelmed by the probate or estate planning process is common due to its difficulty and emotional weight. To manage this, consider consulting with a qualified Houston probate attorney who can guide you through legal requirements, help develop a tailored plan, and assist you through the process.

In Texas, when someone dies without a valid will (intestate), the court must determine who the legal heirs are. An uncontested heirship proceeding occurs when all interested parties agree on the identity of the heirs and their respective shares of the estate.  This agreement allows the process to move forward without disputes, making it more straightforward and less time-consuming. An heirship affidavit can also help bypass or make the process easier, allowing probate to proceed.

The heirship proceeding is particularly useful when dealing with assets that require a clear title, such as real estate, or when financial institutions demand legal proof of heirship before releasing funds.

While the uncontested heirship proceeding is more straightforward than its contested counterpart, it’s still a legal process with specific requirements. Consulting with a probate attorney can provide guidance tailored to your situation, ensuring that all steps are correctly followed and that the estate is settled in accordance with Texas law.