Understanding the Probate Process in Texas

Independent Administration

If the Decedent had a valid will the process in Texas is rather simple.

1. The named executor files an application with the local court along with the original will, and a copy of the death certificate of the decedent;
2. The clerk will post notice at the courthouse;
3. The court will review proof of the decedent's death, the will, and the application;
4. Assuming everything is in order, the court will sign an order appointing the applicant as executor of the estate and issue letters of testamentary (or administration);
5. Notice will be sent to creditors by publishing a notice in a local paper and online, and secured creditors will be sent notice directly via mail;
6. The executor will prepare an inventory and appraisement and pay off the debts of the estate; and
7. The remaining assets will be distributed to the beneficiaries as outlined by the will.

Dependent Administration

If the Decedent did not have a will, or the will has a defect (no named executor, the original was destroyed, etc.), the process can be a bit more complex. The main reason to avoid a dependent administration is the expense. Instead of the administrator being able to pay debts and distribute assets independently, the administrator must get approval from the court for each step. This is much more expensive because the attorney must prepare pleadings and gather evidence for each step.

1. The applicant files an application with the local court along with a copy of the death certificate of the decedent;
2. The clerk will post notice at the courthouse;
3. The court will review proof of the decedent's death, the ad litem's report, and the application;
4. If the heirs all agree, then an independent administration can be granted,
5. If the heirs do not all agree, then the court will sign an order appointing the applicant as administrator;
6. Notice will be sent to creditors by publishing a notice in a local paper and online, and secured creditors will be sent notice directly via mail;
7. The administrator will prepare an inventory and appraisement and pay off the debts of the estate; and
8. The remaining assets will be distributed.

Heirship

If there is no will, the court must determine who the heirs of the decedent are in order for the administrator to know how to distribute the assets. This is often done in conjunction with either an independent or dependent administration. 

1. The applicant files an application with the local court along with a copy of the death certificate of the decedent;
2. The clerk will post notice at the courthouse;
3. The court will appoint an attorney ad litem to represent any unknown heirs,
4. The attorney ad litem will speak with witnesses and family, as well as research databases to determine the heirs of the estate;
5. The attorney ad litem will file a report with the court outlining the heirs;
6. The court will review proof of the decedent's death, the ad litem's report, and the application;
7. The court will determine who the heirs of the decedent are;
8. If the heirs all agree, then an independent administration can be granted (see above),
9. If the heirs do not all agree, then the court will sign an order appointing the applicant as administrator and create a dependent administration;
10. Notice will be sent to creditors by publishing a notice in a local paper and online, and secured creditors will be sent notice directly via mail;
11. The administrator will prepare an inventory and appraisement and pay off the debts of the estate; and
12. The remaining assets will be distributed.
13. Once all of the debts are settled and the remaining assets are distributed, the administrator will submit proof to the court and ask the court to close the estate and release the individual from the role of administrator.

Do You Need a Probate Lawyer in Bell County?

Whether you need a probate lawyer depends on how well the estate plan was set up. Regardless, a probate lawyer offers important services that can help speed up the probate process. A probate lawyer can help with the:

• Identification and securing of estate assets
• Appraisals for the decedent's real property
• Payment of bills, debts, and applicable taxes
• Resolution of any income or estate tax issue
• Preparation and filing of all documents required by a probate court
• Management of the estate checking account
• Transfer of assets to beneficiaries 

Contact a Probate Lawyer in Texas Today

We are here to help you settle your loved one's estate. If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact The Tisdale Law Firm either online or at (254) 442-8869 to schedule a free consultation today.