The Texas Estates Code sets out a process for overseeing the distribution of an estate’s assets.
Not every estate requires a full administration. Whether court proceedings are needed depends on the will, asset ownership, beneficiary designations, debts, and available transfer procedures. Some estates qualify for alternatives, including a small estate affidavit or probate as a muniment of title. The Texas State Law Library explains these alternatives.
Start by identifying which assets pass through the estate and which may transfer another way. An attorney can then assess the appropriate procedure and the documents needed.
From how to start the probate process to how to close it out, Massingill Attorneys & Counselors at Law know how to proceed.
Our probate attorneys know how to simplify the complex procedures involved in the distribution of an estate. Contact us to schedule a consultation today.
What Is the Probate Process?
Probate is a court process involving a deceased person’s estate. Depending on the application, the court may admit a will, determine heirs, or appoint an executor or administrator. Some procedures do not require appointing a personal representative.
When administration is needed, the representative collects estate assets, addresses valid claims and expenses, and distributes property as the law and any admitted will require. The degree of court supervision depends on the type of administration.
Steps in the Probate Process
There are several general steps in the probate process. An experienced attorney at Massingill can help you complete every step in a timely manner.
Starting the Process
An interested person files the appropriate application in the court with jurisdiction and venue. For a Texas resident, venue generally is in the county of domicile or fixed residence at death, subject to the rules in Estates Code Chapter 33. The filing differs depending on whether there is a will and what procedure is requested.
Required citation and notice depend on the proceeding. For a will-probate application, Chapter 258 addresses citation. This initial notice is different from the creditor and beneficiary notices that may be required after appointment or admission of a will.
Probate Hearing
After the required notice and proof, the court decides the application. If a representative is appointed, the representative must satisfy applicable qualification requirements, including an oath and any required bond. Appointment does not mean administration is complete.
Executor Duties
The deadline to inventory and appraise estate property generally runs from the representative’s qualification, not the hearing. Under Estates Code Sections 309.051 and 309.056, the inventory generally is due within 90 days after qualification, subject to court-ordered timing. An eligible independent executor may file an affidavit in lieu if the statutory conditions are met.
The representative must also address applicable beneficiary and creditor notices, valid debts, expenses, and required tax filings. Different duties have different deadlines; the inventory deadline is not a deadline to finish the estate.
Dispute Resolution
While the executor performs their duties, disputes might arise. Common disputes include contesting the validity of debts, the valuation of assets, and the will’s validity.
Before making distributions, the representative should determine what obligations remain and what assets must be retained to address them. A dispute may delay distribution or require court involvement.
Distribution of Assets
The final step is distributing assets to heirs and closing out the estate. Once the executor closes out the estate, the probate process is over.
How Long Does the Probate Process Take?
The length of the probate process differs depending on the needs of the estate. Our Texas probate timeline guide separates the appointment hearing from the work that follows. Factors that can affect the schedule include:
- How the decedent arranged the estate,
- The number of creditors with claims against the estate,
- The size of the estate,
- Whether the will is contested,
- The types of assets the estate owns, and
- How the estate must be taxed.
A probate attorney from Massingill can help you understand what factors affect a probate process in which you have a legal interest.
Massingill Attorneys & Counselors at Law Can Handle All Your Probate Needs
Massingill offers flat-fee options for uncontested probate matters. We can discuss the appropriate procedure and proposed scope after reviewing the estate’s circumstances.
Our skilled probate attorneys know how to simply explain complex legal processes, so our clients are never in the dark.
We will handle the necessary details so you can focus on what matters most. Contact us today and schedule a consultation.
Where You Can Find Our Austin, TX Office
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Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.