A Guide to Texas Probate Law

What Every Texas Resident Needs to

Know About Probate Law

Before It’s Too Late

What is A Probate Attorney?❖ When an individual dies, the

friends or family members of that person must properly administer his or her estate.

❖ The laws surrounding the administering of an estate have become increasingly complex in recent years.

❖ A Texas probate attorney helps the family sort through legal issues surrounding the estate.

What Happens When No Will is Left?

Under Texas probate law, a will determines how an individual’s assets are divided upon his or her death.

If an individual did not leave a will, Texas laws of intestacy are enacted in order to determine who receives which assets of the estate.

After an Estate Application is Submitted to the Courts:

❖ A hearing is set

❖ A judge then rules on all matters pertaining to the estate.

❖ The heirs to the estate work closely with the executor of the estate, the Texas probate attorney hired to represent the estate, and the judge assigned to the matter.

Three Types of Texas Probate

Texas Probate Type #1 Dependent Administration of a Probate:

A judge must approve all sales of estate property, payment of bills and taxes, or disbursement of assets to heirs

Three Types of Texas Probate

Texas Probate Type #2:Independent Administration of a Probate

The Courts assign power to the executor of the estate to make any and all decisions that must be made by the estate.

Three Types of Texas Probate

Texas Probate Type #3Muniment of Title

This type of Texas probate allows the will of the deceased to be honored as a living document years after the individual’s death.

Understanding the Process of Texas Probate

❖ The family files an application with the county probate office

❖ There is a two-week waiting period before a hearing on the estate takes place

❖ A Texas probate judge hears the case of the estate.

❖ The executor to the estate is then typically appointed at this time

Understanding the Process of Texas Probate

The Texas probate judge announces whether the will by the deceased is valid

The judge accepts a list of all properties and assets belonging to the deceased

The judge determines which individuals are heirs to the property and assets belonging to the deceased.

Understanding the Process of Texas Probate

❖ Next, the Texas probate judge handles any disputes involving the property or assets of the deceased.

❖ When there are disputes, the probate judge listens to all sides of the issue.

❖ The judge then makes a ruling as to which individuals should actually be heirs and which should not.

Understanding the Texas Probate ProcessProbate in Texas can be a complicated process. For

answers to your specific questions, visit: http://www.fordmath.com/