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.

Click here for more information on what happens after the will is submitted for probate.

Probating a will is essential 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. 

To learn more, click here for more details on why probating a will is crucial.

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.

Learn more about why probating a will is important here.

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

For more information on what factors can affect how long an estate can be settled in probate, click here.

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. 

To learn more about muniments of titles and how they work, read our blog post on the topic.

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 trying to understand the responsibilities of an executor in probate, this blog 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. 

Read this blog for more information on how executors are appointed and their responsibilities.

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. 

To learn more about Affidavits of Heirship and how they work, read this blog.

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.

To learn more about the risks of delaying probate and to avoid potential issues, read our blog on the topic.

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. 

For more information on how our Houston attorneys can assist you, click here.