If you have lost a loved one, his or her estate will move through the probate process, which is the process required to settle outstanding debts and distribute property to heirs. The goal is to facilitate the transfer of your loved one’s estate in accordance with his or her wishes and to protect the interests of both heirs and creditors.
Texas probate courts handle probate, and because it is a complex legal matter, it is always in your best interest to work with an experienced Killeen estate planning attorney. Doing so can save you time, stress, and other resources. Speak with a Killeen probate lawyer to learn more about your options.
Step One: Filing the Will and the Application for Probate
If your lost loved one (called the decedent) died with a valid will, the process begins by filing the will, a written application to admit the will to probate, and an application to appoint an executor of the estate. You must file these documents in the county where the decedent resided at the time of death.
Once the paperwork is filed, the clerk of court will post a notice informing all interested parties that the will has been filed. This is followed by a 10-day waiting period, which allows interested parties time to contest the will. If the matter is not contested, the probate court proceeds with validating the will.
This initial opportunity is not the only chance to contest a will in Texas. A will can be contested at any point during the process for up to two years after admission to probate.
If you are preparing to probate a will, contact a Killeen estate planning lawyer for skilled legal support and peace of mind throughout the process.
Step Two: The Hearing
Once probate is initiated, the presiding judge must legally recognize the decedent’s death, confirm that the person named as executor (or the applicant) is fit to serve, and confirm the legal validity of the will.
The applicant must verify all of the following information:
The date of the decedent’s death
The address of the decedent’s legal residence
That the will is the decedent’s last will and testament
That the will was executed and witnessed in accordance with Texas law
The applicant must also swear an oath to faithfully fulfill the responsibilities of an executor.
Once these requirements are met, the will can be admitted to probate, and the applicant may be appointed as executor. The clerk will then issue letters testamentary to the executor, which is a legal document that authorizes the executor to act on behalf of the estate.
To ensure your hearing proceeds smoothly, consult with a knowledgeable probate attorney in Killeen who can prepare you for each step.
Step Three: Inventory, Appraisement, and List of Claims
The executor must inventory and appraise the estate within 90 days of the hearing. The executor is also responsible for the following tasks:
Notifying all beneficiaries
Posting a notice to creditors
Paying remaining debts
Filing the decedent's final federal tax return
Do not let deadlines or paperwork overwhelm you. Reach out to a Killeen probate lawyer who can guide you through your obligations as an executor.
Step Four: Addressing Any Disputes
Before the estate can be finalized, any disputes must be resolved. The following kinds of probate disputes are the most common:
Creditor claims
Asset valuation disagreements
A contested will
Allegations that the executor breached fiduciary duty
Executors are fiduciaries, meaning they are legally required to act in the best interests of the estate’s beneficiaries. Heirs who believe the executor has failed to meet this duty may file a breach of fiduciary duty claim.
Disputes may be handled in probate court or resolved through mediation, where a neutral third party helps both sides reach a mutually acceptable agreement.
If disputes arise, protect your rights and interests by working with a probate dispute attorney in Killeen.
Distributing the Estate
After all debts are paid and disputes are settled, the remaining assets are distributed to heirs according to the will. However, not all assets are subject to probate. The following typically bypass probate:
Retirement accounts and life insurance policies with named beneficiaries
Property held in trust
Joint accounts with rights of survivorship
Real estate with a transfer-on-death deed
These non-probate assets transfer directly to beneficiaries and are not subject to creditor claims or probate fees.
If you are unsure what assets are subject to probate, schedule a FREE consultation to clarify what you can expect during distribution.
Frequently Asked Questions
The answers to these frequently asked probate questions can help you navigate your own case. If you have additional questions, contact a Killeen estate lawyer.
What If My Loved One Did Not Have a Will?
If your loved one died intestate (without a will), the court distributes assets according to Texas intestacy laws. The court will also appoint an estate administrator—often a lawyer—to handle the process.
What If the Will Is Lost?
If you know a will existed but cannot locate it, you may still be able to have it admitted to court under limited circumstances. You may be able to admit a lost will if you can complete each of the following steps:
Prove the contents of the will (e.g., with a copy or testimony)
Demonstrate why the will cannot be produced and rebut the presumption of revocation
How Should I Store My Own Will?
Store your will in a secure place, such as a safety deposit box, or have your estate planning attorney hold it. These precautions help ensure the document is available when needed.
Protect your legacy by working with an estate planning lawyer to draft and store your will securely.
Do I Need an Attorney to Probate a Will?
In Texas, an executor must be represented by legal counsel to ensure the interests of all heirs and creditors are protected.
Does Every Estate Go Through Probate?
Not every estate must go through probate. Estates valued under $75,000 may qualify as small estates and avoid probate if the heirs file a small estate affidavit.
Are There Time Limits for Putting a Will Through Probate?
The will must be filed within four years of the decedent’s death. If probate is not completed within 15 months, the executor may be required to submit a full accounting within 60 days.
What About My Loved One’s Debts?
Creditors must be notified and given the chance to file claims against the estate. The executor is responsible for paying valid debts using estate funds.
Why Work with an Experienced Estate Planning Attorney?
An experienced attorney will take on the following responsibilities to help you through your case:
Represent you in court
File all required applications
Appraise and catalog assets
Notify creditors
Argue contested matters
The right probate lawyer will protect your interests, minimize delays, and guide you through each step with confidence.
Contact a Killeen Probate Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is an experienced Killeen probate lawyer who is committed to helping clients move efficiently through the probate process. Learn more about how we can help by calling (254) 781-4222 or contacting us online today.