What Happens During the Probate Process in Texas?

When someone dies in Texas, there is a formal process known as the probate that legally disburses the decedent’s properties and possessions to the appropriate parties. Probating an estate can be long and complicated, but having a probate attorney on your side can help when navigating the process in Plano, TX.

What Happens During the Probate Process in Plano, TX, and How Can Hiring a Probate Attorney Help?

Submission and Petition

Within four years of the death of a person, a representative of the decedent’s estate submits the will to the probate court in the county where the deceased person resided. When filing the will, a petition to request probate is also submitted.

Notice to the Public

Once a petition is filed, the probate court must publicly provide notice of probate for two weeks. This step is often achieved through publication of the probate petition in a periodical in the country, such as a newspaper. During this time, anyone who challenges the will may come forward to contest the will.

Verification of the Will

When the will isn’t contested, the court can move forward by reviewing the document and verifying its authenticity. At that point, the court can permit the executor of the will to begin managing the estate. If the decedent had no will, the probate court will appoint an administrator, and assets will be distributed according to Texas intestate succession laws.

Assembly and Appraisal of Assets

The executor or administrator of the estate will begin an inventory of all assets owned by the decedent within 90 days of the verification of the will. In addition to creating an asset inventory, the executor or administrator will assign value to the deceased person’s assets and identify any pending debts that remain unpaid.

Notice to Beneficiaries and Creditors

The executor or administrator contacts beneficiaries of the estate and informs them of any inheritance that they are entitled to receive from the will or through intestate succession laws. Also, any debt holders with an interest in the estate are notified, and debts are settled using the estate’s proceeds. Any outstanding taxes are also paid with funding from the state.

Distribution of Assets

When all debts against an estate’s proceeds are settled, the executor or administrator can begin distribution of the decedent’s assets. When a will is in effect, the wishes of the decedent regarding distribution to the entitled parties are observed. When there is no will, the administrator follows the applicable intestate succession laws to determine who is entitled to receive the estate’s assets.

Estate Closure

Once the debts have been paid and the assets of the decedent have been distributed, the executor or administrator will request a hearing in probate court to close the estate. The executor or administrator assembles a final report that is presented to the probate court, and the court can then close the estate to end the process.

If you would like to consult with an experienced attorney about probating an estate in Texas, contact DeCandido and Azachi in Plano, TX, today.  

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