Probate in Texas Q & A

Posted on: June 25th, 2020 by , No Comments

Probate in Texas Q & A time. People call and ask us every week questions regarding Probate in Texas and we decided that we should at least write out and fill in some of those questions.

Probate in Texas, what is it?

What is needed to Probate a Will in Texas? Should the deceased leave a Will, then you must provide all Estate documentation to be probated in court.

Most Estates in Texas do need to go through the Probate process after a person dies. A couple of exceptions are as follows:

Is Probate necessary in Texas?

  1. 1. No valid Will. If the deceased did not have a Will, you cannot go through the Probate process in Texas. All assets will be divided to relatives as provided by the Texas Estate Code. You can have an Attorney provide you with an Affidavit of Heirship for possessions with title or deeds, such as real estate or automobiles.
  2. 2. The 4 year waiting period has passed, there is no need to Probate.


Can I avoid the Probate process in Texas?

You can make or create a Living Trust in Texas to avoid the probate process, and for virtually any asset yo own including, real estate, bank accounts and vehicles. Being similar to a Will, you would need to create a Trust document naming someone to take over as trustee after you death sometimes called a successor trustee.


How long does the Probate process take in Texas?

The entire probate process can be completed in six months for a simple Estate. Now, if the original Will cannot be found or the process is objected to by Family members, the whole probate process could take up to 2 years to complete.
How much does it cost to Probate a Will in Texas?
With filing cost for certain applications or documents that are needed for the process, such as (Application for Probate of Will, Issuance of Letters of Testamentary or Application of Independent/Dependent Administrator and Determination of Heirship) plus court cost. All in all the cost for Probating a Will could be between $3000 to $8000. Then you have to consider attorney fees on top of that amount. You know attorney’s are expensive.
So, if you are looking to avoid the cost of attorney’s and court cost. All you need to complete sale or transfer of property in an heirs name is the Affidavit of Heirship document. If you are trying to sell property owned by the deceased, we can help in providing you with an Affidavit of Heirship documentation. Here at Robert Buys Houses DFW we have helped hundreds of folks go through the process of selling an inherited house.
How long do I have to file Probate in Texas?
An Executor of the Estate usually has four years from the date of the person’s death to file for probate in Texas. Now, if the executor does not file in the four year period time frame, probate court’s will apply the default laws of intestate succession and distribute the deceased’s asset as if the person died without a Will.
These default laws in Texas can be tricky, so be careful as to what yo do and sign off on.

More About ‘Probate in Texas Q & A’

 Can I Probate a matter without an attorney?

The straight answer is no! An licensed attorney must  represent a third party person in a judicial proceeding or court in the State of Texas. In most guardian or probate cases, an individual applicant is not truly representing himself, rather he or she is attempting to represent another person, such as beneficiaries, heirs, or the Estate itself. Unless of course the applicant is a licensed attorney.

Can we contest a Will?

You may contest a Will at any time after the Will has been offered in court and up to (2) years after the Will is admitted to probate court.

Once a Will is Probated, does the Court distribute the property?
Not so fast here. The distribution of property is not handled by the probate courts. As Independent Executor or Administrator, you will distribute the property after all debts of the Estate are paid in full, to include the Estate tax return, if any, has been filed.
If you are you be looking at selling the inherited property, we can help you as house buyers in the Dallas Fort Worth area, as we have done for hundreds of other folks. All we need is for you to contact Robert Buys Houses DFW (214) 723-1304, and will be happy to assist you with completing all of the required information and show you how you can avoid going through the probate process.
Does Dallas County Probate Courts refer to Dallas County Dispute and Resolution Center?
Absolutely. Judges with the Dallas County Probate Courts use the following criteria in order to assist them with their decisions and refer certain cases. (1) These services are only available to Dallas County residents or litigants. (2) Cases that pro-se eligible for referral without limitation as to discovery level or total amount of claims. (3) Cases under Discovery Level 1 with total claims under $50,000.
The following cases are not eligible for referral – (1) Cases that are represented by an attorney under a contingent fee. (2) Cases being represented by an attorney, retained by an insurance company or other indemnitor. (3) Any case in which any party are represented by,or retained by an attorney, unless the court determines that the means of the party or parties are not sufficient to bear the cost of private mediation.
What if I don’t have money for a Lawyer?
Dallas County Probate Courts cannot offer any legal advice. With that said, you can visit a list of lawyers online, or we can help you once you contact us at Robert Buys Houses DFW below for more information. Or simple call us at (214) 723-1304 so we can ask a few questions of you.
You can also visit the Dallas County Probate courts to find more information or ask other questions. There is a lot more to the probate process in Texas than people think. Then again, many people don’t think about the process at all. Probate in Texas Q & A.
All the Best,

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