Probate Attorneys in Denton County, Collin County, & Tarrant County

What is Probate?

Probate is the legal process of administering a deceased person’s estate. The process involves several steps, including proving the validity of the decedent’s Will, identifying and inventorying the decedent’s assets, paying the decedent’s debts and taxes, and distributing the remaining assets to the decedent’s beneficiaries or heirs. If the decedent did not have a Will, the Probate process is still necessary to distribute the decedent’s assets according to Texas intestacy laws.

The Probate process typically involves the following steps:

1. Filing the Will and other necessary documents with the Court: The Executor of the estate must file the decedent’s Will, along with a petition to open Probate, with the appropriate Texas Probate Court. If the decedent did not have a Will, a family member or other interested party must file a petition to open Probate and request that the Court appoint an Administrator to oversee the process.
2. Notifying interested parties: The Executor or Administrator must notify the decedent’s beneficiaries, heirs, and creditors that the Probate process has begun. This typically involves sending a copy of the Will and a notice of the Probate proceeding to all interested parties. The Executor or Administrator must also publish a notice of the Probate proceeding in a local newspaper.
3. Inventorying the decedent’s assets: The Executor or Administrator must identify and inventory all of the decedent’s assets. This includes real estate, bank accounts, investment accounts, retirement accounts, life insurance policies, personal property, and more.
4. Appraising the decedent’s assets: The Executor or Administrator must have the decedent’s assets appraised to determine their value. This is necessary to calculate the decedent’s estate tax liability and to ensure that the assets are properly distributed.
5. Paying the decedent’s debts and taxes: The Executor or Administrator must pay the decedent’s outstanding debts and taxes using the assets of the estate. This may involve selling certain assets to generate the necessary funds.
6. Distributing the remaining assets: After all debts and taxes have been paid, the Executor or Administrator can distribute the remaining assets to the decedent’s beneficiaries or heirs. If the decedent had a Will, the assets will be distributed according to the terms of the Will. If the decedent did not have a Will, the assets will be distributed according to Texas intestacy laws.

The Probate process can be complex and time-consuming, especially if the decedent has a large or complicated estate. It is not uncommon for the Probate process to take several months or even more than a year to complete. In some cases, the process can be delayed by disputes or litigation. Our Probate attorneys can help you navigate the Probate process, ensuring that you meet all necessary deadlines and requirements.