Bell County Estate and Probate Attorney

Probate is a legal process that is supervised by the court for the purpose of administering the estates of those who have passed. In Texas, probate is required for anyone whose estate has a value of at least $75,000 and who owns property in their name alone. 

The probate process is complex, but having a legally binding will in place and naming an executor whom you trust to take on the role can help minimize the complications and any related conflict. On the path forward, there are four basic steps.

One: Filing the Will

To begin, the executor named in your will must file it with the county clerk along with an application to admit it to probate and to appoint them as the executor of your estate. The county your will is filed in will be the one you resided in prior to death. 

From here, the clerk of courts will post a notice that advises any interested parties regarding the will’s filing. This posting must remain up for at least 10 days in order to alert anyone with a potential reason to contest your will the time they need to do so. 

If no one successfully contests your will, its validity will be confirmed by the court. It should be noted here that wills can be contested at virtually any point during the probate process, which highlights the importance of crafting a legally binding will.

Two:  Moving forward with the Hearing

Once the court validates the will, the probate judge will take all the following actions:

• Confirming the death of the decedent (or the person whose will it is)
• Confirming that the person who has filed the application to become executor is fit to serve
• Verifying that the decedent died with a valid will in place

The State’s Laws of Inheritance

If you don’t have a legally valid will in place, you can expect the laws of inheritance in the State of Texas to determine how  your assets are distributed. It’s worth noting that the state’s decisions may not align with the choices you would have made. 

The Executor

During this phase of probate, the applicant for the executor position must supply the evidence necessary to confirm several basic facts. These include the date that the decedent died, the address of the decedent’s legal residence, and the fact that the document is the decedent’s last will and testament. They will also be called upon to swear their commitment to upholding their responsibilities as executor. 

Three:  Admitting the Will to Probate

Once the judge admits the will to probate and appoints the executor, letters testamentary will be issued. This document serves as notice that the executor has the legal authority to act on behalf of the decedent’s estate. 

This leads to the executor inventorying and appraising the estate, which must be accomplished within 90 days of the prior hearing. The executor’s responsibilities extend to notifying beneficiaries, posting a notice to creditors, discharging debt, and filing the decedent’s final tax return.

Four: Resolving Disputes and Making Distributions

Finally, the executor is responsible for settling any disputes that may have arisen. These can relate to asset valuations and to any contesting of the will itself or of any creditor claims to the estate. Once these matters are effectively resolved, the executor can move forward with distribution of the assets to the beneficiaries.