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.