Probating a Will

In Texas, the estate is comprised of all of the assets owned by someone at the time of their death. This includes cash, real estate, stocks, bonds, life insurance, retirement accounts, automobiles, jewelry, antiques, furnishings and so on.

The process by which a court recognizes that person's death and authorizes the administration of that person's belongings and debts is what is known as probating someone's estate.

Probating one's estate applies whether there is a written will or not.

The probate process requires that all of a person's property be gathered together, inventoried and itemized.

After all debts are paid the remaining assets are distributed according to either the provisions of the will (if there is one) or according to Texas laws regarding "intestacy" in those cases where someone dies without one.

How long after death can a will be probated?

Normally you have 4 years from the date of the decedent's death to file a will for probate. There is a limited exception that applies to Muniment of Title.

After four years if no will has been filed the deceased's estate is probated according to the terms outlined under Texas intestacy law (where there is no will).

Wills (Probate) in Texas Law

Probate Code

Will+death

pertaining to advancements, community state, joint tendencies, survival, avoidable marriage, mental incapacity, receding to declare airship, affidavit of facts, who may execute the will, interest which may pass under a will, requests to trustees, requests that or void, exercise of power of appointment, requisites

Probate In The News
Veteran Attorney Agrees to Reprimand for Pulling Legal Fees for Trust Agreement From Life Insurance Policy TransferLAW NEWSWIRE02/01/2023
Infrastructure Projects, the IRA and Energy Transition Will Fuel Work in 2023LAW NEWSWIRE12/27/2022
Jury begins deliberations in Trump Organization criminal fraud trialABC NEWS: TOP STORIES12/05/2022
Trump Organization faces criminal tax fraud trial over perksABC NEWS US HEADLINES10/31/2022
Court upholds judges' removal for racist, sexist commentsABC NEWS US HEADLINES10/25/2022
Judge revokes bond for Alex Murdaugh associate SmithABC NEWS US HEADLINES08/11/2022
Senate Democrats pass climate, tax and health care bill after marathon voting sessionABC NEWS: TOP STORIES08/07/2022
Citing Nine-Month Delay, State High Court Orders Probate Court to Appoint Counsel in Adoption ProceedingsLAW NEWSWIRE07/27/2022
Don't Rely on What You HearTARRANT COUNTY: DIVORCE, FAMILY LAW06/08/2022
A man is charged with killing his mother at sea to inherit the family estateNPR NEWS05/11/2022
South African court rules new Zulu king can be crownedABC NEWS WORLD HEADLINES03/02/2022
Family of Durst's 1st wife sues 2nd wife for wrongful deathABC NEWS: TOP STORIES02/02/2022
Pakistani court acquits TV mogul in tax evasion caseABC NEWS WORLD HEADLINES01/31/2022
IMF urges El Salvador to scale back its Bitcoin pushABC NEWS WORLD HEADLINES01/28/2022
An epic inheritance fight will soon cost a Texas-born princess her 16th century villaNPR WORLD01/17/2022
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Midlothian area that handles matters involving wills, click here for more information.

Probate-Wills 00000000