Issues

Probate is the legal process of dealing with assets and debts after death.

Each estate is different.  An attorney can tell you how to appropriately handle the legal matters arising after a death.  Certain things, like car titles, can be transferred by state form by the heir without probate.  A general Power of Attorney even with durable powers expires on death. Texas probate forms may help with an affidavit of heirship signed by two independent witnesses in a simple estate with only real estate to probate.

Wills can be holographic (if they are wholly hand written), or typed and signed with two witnesses or with witnesses and a notary.  Each of these kinds of wills requires different proof or testimony at the probate hearing.

The Texas Probate Code was modernized and simplified in 1974 and is a model of simplicity and ease for the rest of the country.  Usual steps for probating a will in Texas include:

1. File the will or an Application for Intestate (no-will) Probate with the local court.
2. If no will, put an ad in the newspaper about the probate.
3. If no will, the Court will appoint an attorney ad litem to investigate who the heirs are.
4. At a brief Court hearing, the person seeking the probate and other witnesses, as needed, will prove up the will or the family history of the decedent.
5. The Court will enter an Order and Letters Testamentary will  be issued by the clerk of court.
6. The estate administrator will identify the assets and the debts and file a written Inventory with the Court.
7. Sometimes creditors must be notified by newspaper or in writing.
8. After the estate property is sold or distributed to the heirs, the estate is closed.

How we can help

We can easily take you through the necessary steps to probate an estate. 

We also will  handle any will or probate contests that may arise.