How The Probate Process Works In Texas
The probate process in Texas involves the legal administration of a deceased person’s estate to ensure debts are paid, and remaining assets are distributed to rightful heirs or beneficiaries according to the will or Texas intestacy laws.
At Doehring & Doehring Attorneys at Law, we understand how probate works here in Texas, having guided countless clients through the process over the course of 50 years. We are a family-operated firm that has been delivering top-tier legal counsel in estate planning, wills and trusts, estate administration, and guardianship for 50 years. Leveraging our extensive experience, we tailor our probate services to meet our clients’ specific needs with the most suitable and effective strategies to achieve their goals.
Probate Is A Step-By-Step Process
The probate process in Texas involves several steps to ensure that a deceased person’s estate is properly managed and distributed. Here’s a general overview:
- Filing the will and application for probate: The will must be filed with the probate court in the county where the deceased resided, along with an application to admit the will to probate and appoint an executor.
- The hearing: A probate judge will confirm the death, validate the will, and appoint the executor. The executor will then receive “letters testamentary,” which authorize them to act on behalf of the estate.
- Inventory, appraisement, and list of claims: The executor must inventory and appraise the estate’s assets and debts within 90 days of the hearing.
- Resolving disputes: Any disputes, such as challenges to the will, are resolved during this phase.
- Distribution of the estate: After paying debts and taxes, the remaining assets are distributed to the beneficiaries as specified in the will.
How Property Gets Distributed
Property passes in different ways after death in Texas:
- With a will: The property is distributed according to the terms of the will after going through the probate process.
- Without a will (Intestate): If there is no will, the property is distributed according to Texas intestacy laws, which prioritize spouses, children, and other close relatives.
- Transfer on death deed: This allows the property to pass directly to a named beneficiary without going through probate.
- Small estate affidavit: For estates valued at $75,000 or less (excluding the homestead), heirs can use a small estate affidavit to transfer property without formal probate5.
- Muniment of title: If there are no debts and a valid will, the court may allow the property to transfer without full probate through a muniment of title.
Property Passing Outside of Probate
Certain types of property can pass outside of the probate process. While we already mentioned the small estate affidavit, other assets and estate planning tools include:
- Life insurance policies: Proceeds from life insurance policies go directly to the named beneficiaries.
- Joint tenancy: Property held in joint tenancy with right of survivorship passes directly to the surviving joint tenant.
- Beneficiary designations: Assets like life insurance policies, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiaries.
- Trusts: Property held in a living trust passes according to the terms of the trust, avoiding probate.
- Transfer on death for vehicles: Texas allows a vehicle title to include a transfer on death (TOD) beneficiary, enabling the vehicle to pass directly to the named person.
Family members may handle probate if they live locally. Still, family and beneficiaries who live locally or elsewhere often find it helpful to use an estate law attorney to be the executor or to handle these issues and the countless administrative tasks associated with them.
Two Types Of Court Involvement In The Texas Probate Process
In Texas, two types of administrations have different court involvements. At Doehring & Doehring, we can help you decide which administration is right for you, and consider the other legal needs you may have with your estate planning.
For example, our team of attorneys can also discuss muniment of title with you — which allows the transfer of property to your beneficiaries and bypasses estate administration. This requires a valid written will and you cannot have any debts other than a mortgage. This is called “probating a will as a muniment of title” and can be a smart option for clients.
Dependent Administration
A dependent administration involves more probate court supervision and is often more expensive and time-consuming. The chosen administrator has more to do, but it may be necessary when there are feuds between the heirs, or extra court supervision is needed. The Texas courts will oversee every part of the estate’s administration if you choose this option.
Independent Administration
Choosing an independent administration for your estate requires your will to state there is no action in the probate courts while settling the estate. Probate will, however, come into the process during the probating and recording of the will. It also is required during inventory or appraisement of your estate and the list of claims found on your estate.
You may also have an independent administration if all the beneficiaries agree to it when the deceased person did not put this in their will. The process can be quick with just one court hearing and filing of the inventory.
Let’s Discuss Your Probate Matter
Doehring & Doehring Attorneys at Law can guide you through the probate process. With the right estate planning tools and probate lawyer, you can efficiently work toward your goals. To schedule a complimentary initial consultation with our trusted probate attorneys at our Houston office, call 866-456-2361 today or use our easy online form. We are pleased to serve clients in Houston and the surrounding cities and counties.