Texas Probate: Frequently Asked Questions
The process of passing an estate through probate court in Texas can seem confusing to those who have never experienced it before. At Doehring & Doehring Attorneys at Law, we have 50 combined years of experience with the probate process and have encountered virtually every complication imaginable.
Here are some general answers to some of the most common questions our clients ask about probate.
Do I need probate if there is no will in Texas?
Yes. Probate is often still necessary when someone dies without a will in Texas. Texas intestacy laws determine who inherits. These rules depend on whether assets are separate or community property and what family members survive the deceased. Families often also need a Determination of Heirship proceeding to legally establish who the heirs are.
Does all of my property need to pass through probate?
No. Many assets can transfer to your loved ones outside of probate. Common assets that bypass probate include:
- Revocable living trusts
- Life insurance with named beneficiaries
- Retirement accounts with named beneficiaries
- Joint tenancy with right of survivorship
- Payable-on-death bank accounts
- Transfer-on-death securities accounts
- Community property agreements
Careful estate planning can reduce what must pass through probate and provide financial security to your relatives while minimizing the need for the probate judge’s involvement.
What is the deadline to file for probate in Texas?
Texas law sets a four-year filing deadline for probate from the date of death. Missing this window can have serious consequences. After four years, the will cannot be probated as a will, and the estate passes under Texas intestacy laws rather than the wishes of the deceased.
How long does probate take?
Probate timelines in Texas vary based on the circumstances of each estate. Common factors that affect the timeline include:
- Independent vs. dependent administration
- Estate size and complexity
- Creditor claims
- Will contests
- Real property sales
- Court scheduling in your county
Staying organized and meeting deadlines helps keep the process moving. The personal representative responsible for settling the estate can also turn to a lawyer for help keeping costs and delays to a minimum.
How do I know if the will is valid?
A will is valid in Texas when it meets the state’s formal legal requirements. Texas law requires the following before a probate court will accept a will:
- Testator must be at least 18 years of age
- Testator must be of sound mind
- Will must be in writing
- Testator must sign the will
- Two credible witnesses must sign in the testator’s presence for an attested will
- Entire document must be in the testator’s handwriting and signed if no witnesses are present (holographic will)
When these requirements are not met, or when concerns like forgery or undue influence arise, interested parties may have grounds to challenge the will.
What are “Letters Testamentary” and how do I get them?
Letters Testamentary are the official court document that gives the executor legal authority to manage and distribute estate assets. Many families first learn they need probate when a bank asks for Letters Testamentary to access an account. To obtain them, the executor must apply to the probate court, appear at a hearing and receive formal appointment from the judge.
Who pays for probate costs?
Probate costs come from the estate’s assets before distributions reach beneficiaries. These typically include court filing fees, attorney fees, executor compensation and appraisal fees.
Beneficiaries generally do not pay these costs out of pocket. However, probate expenses reduce the total value available for distribution. Understanding them early helps your family plan accordingly.
Talk To One Of Our Houston Probate Attorneys
We can help you significantly reduce the time and expense associated with probate by helping you meet important deadlines and avoid errors. To learn more about what to expect during probate, contact our Houston office at 866-456-2361 or fill out our online form to schedule a free legal consultation.