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PROTECTING YOU, YOUR FAMILY, YOUR FUTURE | SCHEDULE AN APPOINTMENT | CALL US TODAY! (832) 408-0505

GP Schoemakers, PLLC

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  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

FAQ’s – TEXAS PROBATE LAW

Frequently Asked Questions About Probate In Texas

We have tried to get a compilation of the most frequently asked questions listed below. We understand that the list is not exhaustive, and would invite you to contact us with regards to your probate needs if you have questions. We look forward to talking to you!

What is Probate?

Probate is the process required to transfer assets out of someone’s name after they pass. It is created to ensure all debts are settled, and any remaining assets are correctly transferred to beneficiaries and heirs.

What is Intestasy? (Probate without at Will)

Intestacy is when someone dies without a valid Will. The Texas Estate Code lays out a very specific way on how assets will be divided and distributed. Most people do not like this particular system, and therefor “opt-out” by creating their own Estate Plan.

Who can start probate?

Anyone who has an interest in the estate. This can be a spouse, child, beneficiary, heir or even creditor.

How do I start probate?

To start Probate, someone (the Applicant) will need to file an application to administer the estate in Texas. This is done by retaining an attorney to represent the Applicant. The Attorney will prepare the application in accordance with the law and file the Application with the appropriate court.

Are bank accounts subject to probate?

It depends. Only bank accounts without “rights of survivorship” would be subject to probate.

How long does probate take?

On average, we like to tell people uncontested Probate takes 180 days when we have a well-drafted will, little debt and no other issues that present themselves. That said, some probate cases can take up to 3-4 years.

Is a handwritten will valid in Texas?

A handwritten Will (also known as a holographic Will), may be valid if it is signed and written entirely in the handwriting of the deceased individual.

Is probate always necessary?

No, Probate is not always necessary. When all a Deceased has no assets that require ownership transfer probated will be deemed unnecessary. However if there are still assets in the Deceased’s name, then probate will be required to transfer assets out of their name to the named beneficiaries or heirs.

Who is liable for the deceased’s debts?

Creditors are only entitled to recover of their debt from the assets that the Decedent owned at the time of his death. Family members, potential beneficiaries or heirs are generally not liable for a Decedents debts.

My spouse died, do I have to go through probate in Texas?

If you had property that was held in both your names, and the assets was not automatically transferred to you upon dead, then yes, you will have to go through probate. Assets that usually have to probated are: Cars, stocks, some bank/investment accounts or other titled/registered property.

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