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7/28/2019 How To Get A Will Probated In Texas
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A step-by-step guide to the Texasprobate system with information
every resident should know.
How To
Get A WillProbated
In Texas
7/28/2019 How To Get A Will Probated In Texas
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What Is Probate?
probate [proh-beyt] noun
Law. the official proving of a will as authentic or
valid in a probate court.
In Texas, probate is the process by which a court
legally recognizes a person's death and authorizes
the administration of his or her estate. This
process happens whether or not the individual had
a Last Will and Testament.
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Different Types Of Probate
There are several ways to probate a will in Texas.
These include:
Independent Administration
Dependent Administration
Muniment of Title
Small Estate Affidavit
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Independent Administration
When the decedent, or person who has died, left a valid will
naming an Executor, Independent Administration is the typical
process for probate.
In this process, the
Executor has more
freedom to carry
out his dutieswithout strict
court oversight.
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Dependent Administration
This type of probate is often the process when aperson has died without having a will. Thereare two key elements that make it distinct:
The probate court judge will appoint anAdministrator for the estate.
The court will strictly oversee all steps of theprobate process, including requiring detailedreports by the estate Administrator.
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Muniment of Title
Muniment of Title proceedings are generallymuch simpler and inexpensive than typicalprobate. However, this process can only be
done under certain conditions:
A valid will exists.
Estate has no unpaid debts except securedliens (such as real estate).
Medicaid has no claims against the estate.
http://www.texas-probate-attorney.net/texas-muniment-of-title-texas-transfer-of-property-texas-executor.htmlhttp://www.texas-probate-attorney.net/texas-muniment-of-title-texas-transfer-of-property-texas-executor.html7/28/2019 How To Get A Will Probated In Texas
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Small Estate Affidavit
If the decedent had nowill and the estate isvalued at $50,000
or less, beneficiarieshave a differentoption: filing aSmall Estate Affidavit to
collect their propertywithout going through probate.
http://www.texas-probate-attorney.net/texas-small-estate-affidavit-texas-probate-lawyers.htmlhttp://www.texas-probate-attorney.net/texas-small-estate-affidavit-texas-probate-lawyers.html7/28/2019 How To Get A Will Probated In Texas
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How To Probate A Will
The next section of this presentation will takeyou step by step through the process ofhowto get a will probated in Texas through
Independent or Dependent Administration.
http://www.texas-probate-attorney.net/how-to-get-will-probated-in-texas.htmlhttp://www.texas-probate-attorney.net/how-to-get-will-probated-in-texas.htmlhttp://www.texas-probate-attorney.net/how-to-get-will-probated-in-texas.htmlhttp://www.texas-probate-attorney.net/how-to-get-will-probated-in-texas.html7/28/2019 How To Get A Will Probated In Texas
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Step 1: Filing with the Court
Getting started withthe Texas probateprocess is actually
a simple step. Anapplication is filedwith the probate
court of the countywhere the decedentresided. For a loved one who resided inHouston, for example, an application would be
filed at the Harris County probate court.
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Step 2: Notice of Probate
Once a probateapplication is received,the County Clerk will
post a notice at thecourthouse. Therewill be about a two
week wait until ahearing is held. During that timeis when those who want to contest the will oradministration of the estate can file claims.
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Step 3: Validating the Will
The next step in the probate process will be ahearing presided over by a Texas probatejudge. The judge will do several things:
Legally recognize the death.
Verify the will (if one existed).
Appoint an Administrator or verify theperson named Executor.
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Step 4: Taking Inventory
One of the first duties of an Executor orAdministrator will be to catalogue andappraise all assets held by the estate.
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Step 5: Find the Heirs
When finding heirs, also called beneficiaries,there are 2 different processes that mayoccur:
1. A valid will: The Executor must locate andnotify beneficiaries named in the will.
1. No will: Heirship is determined by a Texasprobate court in accordance with the state's
laws on inheritance.
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Step 6: Notify Creditors
The Executor or Administrator must also notifycreditors of the estate of the death, usuallywith a notice published in the local
newspaper.
The creditors then have the opportunity to file
claims against the estate for payment of thedecedent's debts.
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Step 7: Resolving Disputes
When someone is contesting a will in Texas orother grievances have been filed, a probatejudge must hear those issues before the estate
is finalized and assets distributed to heirs.
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Step 8: Distributing Assets
When the debtsand disputesinvolving an
estate areresolved, theExecutor or
Administratorwillthen distributethe
remaining assets
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When Probate Is NotNeededMost people will go through one of the four
probate processes when a loved one dies.However, the process is not needed to
transfer certain types of assets tobeneficiaries. These assets are called NonProbate Assets.
http://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.htmlhttp://www.texas-probate-attorney.net/Texas-Non-Probate-Assets-Houston-Texas-Probate-Lawyer.html7/28/2019 How To Get A Will Probated In Texas
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Non Probate Assets
Non Probate assets inTexas include:
Property held withjoint tenancy withright of survivorship
Community propertyheld with right of survivorship
Life insurance policy funds
Annuity survivor benefits
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Texas Probate Attorneys
No matter how simple your loved one's estate is, the help of anexperienced Texas probate attorney can be beneficial. Learnmore about probate in Texas and how to plan ahead with thehelp of an estate planning attorney by visiting
http://www.texas-probate-attorney.net today.
http://www.texas-probate-attorney.net/http://www.texas-probate-attorney.net/http://www.texas-probate-attorney.net/http://www.texas-probate-attorney.net/http://www.texas-probate-attorney.net/http://www.texas-probate-attorney.net/