1. Do I need to probate?
- Probate is necessary to transfer assets to the beneficiaries named in the Will.
2. Is there a time limit on probating the Will?
- Texas requires the Will be probated within 4 years of the death of the decedent. There are exceptions to this rule. Texas Estates Code section 256.002 allows probate of the Will after 4 years if it is shown by proof that the applicant was not in default in failing to present the Will for probate. Additionally, Texas Estates Code section 301.002(b)(1) allows probate of the Will after 4 years if administration is necessary to receive or recover property due a decedent's estate.
3. The Will I have was written out-of-state. Can I still probate this in Texas?
- Yes. Texas allows probate of the Will as long as it meets the requirements for a Texas Will, or the requirements
of the state where it was written.
4. What is the general process for probating a Will?
- You need to locate the original Will (although we can probate a copy of the Will, but much more difficult).
- Your attorney will:
- file the Application for Probate and the original Will with the court,
- prepare the documents needed for the court,
- attend the court hearing with you and assist with the hearing,
- notify creditors and publish a notice to creditors in a local publication, and
- notify the beneficiaries that the Will is being probated,
- After the hearing (with continued advice and consultation with your attorney), you will:
- receive Letters Testamentary which gives the executor the power to act for the estate,
- set up a bank account in the name of the estate to collect assets (you will need to obtain a EIN for the account),
- collect assets, and pay debts (in priority according to Texas rules), and
- distribute the remaining assets to the beneficiaries.
5. How long does the probate process take?
- It usually takes about 4 weeks to file the paperwork, attend the hearing and receive authorization to act as the
executor.
6. How easy will it be to stay in contact with my attorney?
- You will have direct access to the attorney by cell phone. Calls are routinely accepted on week nights and
weekends for your convenience.
7. I have never been through probate, and I don't know what to expect.
- We maintain a schedule of the probate activities that must be completed.
- You will be emailed or contacted by phone prior to each step in the probate process.
- Probate is necessary to transfer assets to the beneficiaries named in the Will.
2. Is there a time limit on probating the Will?
- Texas requires the Will be probated within 4 years of the death of the decedent. There are exceptions to this rule. Texas Estates Code section 256.002 allows probate of the Will after 4 years if it is shown by proof that the applicant was not in default in failing to present the Will for probate. Additionally, Texas Estates Code section 301.002(b)(1) allows probate of the Will after 4 years if administration is necessary to receive or recover property due a decedent's estate.
3. The Will I have was written out-of-state. Can I still probate this in Texas?
- Yes. Texas allows probate of the Will as long as it meets the requirements for a Texas Will, or the requirements
of the state where it was written.
4. What is the general process for probating a Will?
- You need to locate the original Will (although we can probate a copy of the Will, but much more difficult).
- Your attorney will:
- file the Application for Probate and the original Will with the court,
- prepare the documents needed for the court,
- attend the court hearing with you and assist with the hearing,
- notify creditors and publish a notice to creditors in a local publication, and
- notify the beneficiaries that the Will is being probated,
- After the hearing (with continued advice and consultation with your attorney), you will:
- receive Letters Testamentary which gives the executor the power to act for the estate,
- set up a bank account in the name of the estate to collect assets (you will need to obtain a EIN for the account),
- collect assets, and pay debts (in priority according to Texas rules), and
- distribute the remaining assets to the beneficiaries.
5. How long does the probate process take?
- It usually takes about 4 weeks to file the paperwork, attend the hearing and receive authorization to act as the
executor.
6. How easy will it be to stay in contact with my attorney?
- You will have direct access to the attorney by cell phone. Calls are routinely accepted on week nights and
weekends for your convenience.
7. I have never been through probate, and I don't know what to expect.
- We maintain a schedule of the probate activities that must be completed.
- You will be emailed or contacted by phone prior to each step in the probate process.