Without an experienced Humble probate attorney like Duncan Strickland to guide you, the probate process in Harris County, Texas can quickly become overwhelming. In fact, many Texas probate courts do not permit non-lawyers to file applications to probate a will, open an estate, or represent an estate in court. On top of that, determining the right type of probate, understanding court procedures, handling filings, and fulfilling your responsibilities to multiple beneficiaries can be incredibly complex without proper legal guidance. Having a knowledgeable probate attorney by your side ensures the process is handled correctly, efficiently, and in full compliance with Texas law.
Probate is the legal process of a court acknowledging the death of the deceased, opening his or her estate, appointing an executor to manage the estate, and oversee the payment of his or her bills and distributing his or her estate. Your Cypress probate attorney will file an application to open probate.
This is the person who has passed away and whose estate is to be opened in probate.
Often called a “Will” for short, this is the legal document in which someone describes how he or she would like his or her assets distributed. The Will is the document that the Cypress probate lawyer will apply to have admitted into probate.
An estate consists of all the decedent’s assets. These include cash, bank accounts, safe deposit boxes, real estate (houses, buildings, land, etc.), stocks and bonds, life insurance, investment accounts, vehicles, tools, and personal belongings. Your Cypress probate lawyer will help you inventory these assets once the estate is opened.
These are loved ones named in a will, or heirs determined by the court (if there is no will), who will receive assets from the decedent’s estate.
The person named as the Executor in a Will is charged with managing the estate. These duties include taking an inventory and catalogue of the decedent’s assets; pay debts of the decedent from his estate; pay taxes of the estate; collect monies owed to the decedent and estate; file lawsuits for claims owed to the estate; and distribute assets from the estate to the beneficiaries as named in the decedent’s last will and testament. Depending on your engagement, your Cypress probate law firm can assist you with the probate administration.
When the decedent has died without leaving a valid will (and thus, no executor has been named), your Cypress probate attorney can petition the court to appoint an administrator to carry out the duties of an executor after the court has made a determination of heirship. The court will often appoint one of the primary heirs to act in this capacity but it can be a third party if the heirs cannot agree.
A last will and testament is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to probate. See Texas Estates Code Sec. 256.001.
The property of someone who died in Harris County will be distributed through the Texas probate process and under the supervision of the court UNLESS he or she dies and leaves assets that have previously been removed from the jurisdiction of the court through 1) the transfer into a trust, 2) the change of title of an asset to joint ownership with a right of survivorship or to a “transfer on death” title, or 3) the designation of a beneficiary to certain “transfer on death style” accounts, such as life insurance policies, pensions, or retirement accounts. A qualified Cypress probate lawyer can help determine what assets to include.
Probate administration is the name of the process whereby the Texas probate court, your Cypress probate attorney, other probate counsel (if contested), and other probate lawyers possibly hired by the probate court (called Attorney Ad Litem) facilitate the probate process.
For simple estates, an experienced Cypress probate lawyer can complete the whole Texas probate process within six months. However, if the original will cannot be located, the will does not allow for independent administration, or someone challenges the will, the process could take a year or longer for even the best Cypress probate attorney.
A last will and testament is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to probate. See Texas Estates Code Sec. 256.001.
The property of someone who died in Harris County will be distributed through the Texas probate process and under the supervision of the court UNLESS he or she dies and leaves assets that have previously been removed from the jurisdiction of the court through 1) the transfer into a trust, 2) the change of title of an asset to joint ownership with a right of survivorship or to a “transfer on death” title, or 3) the designation of a beneficiary to certain “transfer on death style” accounts, such as life insurance policies, pensions, or retirement accounts. A qualified Humble probate lawyer can help determine what assets to include.
Probate administration is the name of the process whereby the Texas probate court, your Humble probate attorney, other probate counsel (if contested), and other probate lawyers possibly hired by the probate court (called Attorney Ad Litem) facilitate the probate process.
For simple estates, an experienced Humble probate lawyer can complete the whole Texas probate process within six months. However, if the original will cannot be located, the will does not allow for independent administration, or someone challenges the will, the process could take a year or longer for even the best Humble probate attorney.
If the deceased dies in Harris County with a valid last will and testament, the executor or the personal representative named in the will typically engages a Humble probate attorney or Harris County probate law firm to file an application to have the will admitted into probate.
In Texas, the Texas Estates Code governs the probate process, including the time period that the executor must follow in probating a will. A will may not be admitted to probate after the fourth anniversary of the testator’s death unless the probate lawyer can show by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death. See Texas Estates Code Sec. 256.003.
If the executor is not in default for failing to present the will for probate within four years and certain other criteria can be met, a qualified Harris County probate attorney can help the executor have the will admitted as a “muniment of title.” See Texas Estates Code Sec. 257.001.
There are two types of will probate administrations – independent and dependent.
Independent Administrations are created:
Dependent Administrations are created when a decedent fails to name an executor in his or her last will and testament and the Harris County probate court cannot appoint an independent administrator because the beneficiaries in the will cannot agree on who should be administrator or whether the administrator should have the authority to administer the estate without having to obtain court approval for actions like transactions and distributions. The purpose of dependent administrations is to protect the beneficiaries from being robbed by an unethical or criminal administrator. However, the necessity of having a dependent administrator who must draft filings, write reports and seek constant judicial approval increases the cost of probate administration.
An application for probate must be filed by your probate attorney with the proper Texas probate court in the county where the decedent resided or died. See Texas Estates Code Sec. 256.052. This application must be electronically filed and must have attached to it a copy of the will. See Texas Estates Code Sec. 256.053.
Within a short time period (usually three days), local rules require that an original copy of the will to be probated by submitted to the county clerk. Failure to do so can result in the case being canceled.
After the probate application is filed by the probate attorney and the will is received, the county clerk will post a public notice at the courthouse for two weeks stating that a probate application was filed to serve as notice to anyone interested in the estate, especially those who may contest the will or administration of the estate. See Texas Estates Code Sec. 258.001. As long as no contests are received, the probate court goes ahead in opening the administration.
The Texas probate judge will conduct a hearing and will legally acknowledge the decedent’s death, verify the will as valid under law, open the estate of the decedent, and appoint an executor or administrator and state their authority (independent or dependent). See Texas Estates Code Sec. 306.001 and 306.002.
People usually leave behind some debts. Typical debts include medical bills, household expenses, car payments, mortgages, etc. From the date of the order admitting the will into probate, the executor or administrator has 30 days to provide a notice to creditors, usually by publication in a newspaper of general circulation in the county. See Texas Estates Code Sec. 308.051. Proof of publication of notice must be filed in the form of a publisher’s affidavit. See Texas Estates Code Sec. 308.052.
From the date of the order admitting the will into probate, the executor or administrator has 60 days to provide a notice to each beneficiary named in the will with the contact information of the executor and a copy of the will. See Texas Estates Code Sec. 308.002. Proof that notice was given must be filed by the probate attorney on behalf of the executor or administrator within 30 days thereafter. See Texas Estates Code Sec. 308.004.
After the executor or administrator is appointed for the estate, the probate attorney for that person must record all assets and monies owed to the estate and report to the county clerk all the assets held by the estate within 90 days after appointment. See Texas Estates Code Sec. 309.051 and 309.052. The administrator or executor do so by asking the probate lawyer to prepare an Inventory, Appraisement, and List of Claims, that is signed and sworn to by the executor or administrator. See Texas Estates Code Sec. 309.053.
If a creditor presents an authenticated claim to the executor or administrator or files the same in the case or deposits it with the county clerk, the executor or administrator or his probate attorney has 30 days to file with the court a memorandum stating the date it was presented and whether the executor or administrator allows or rejects the claim. See Texas Estates Code Sec. 355.051.
Probating a Last Will and Testament can be an emotional ordeal for some with the potential to cause issues within the family. In Texas, a probate lawyer may file a contest to a will within two years after the original probate. See Texas Estates Code Sec. 256.204. However, a will may be contested for forgery or fraud within two years of the discovery of the forgery or fraud.
After the claims are paid and any disputes resolved, the remaining assets are then distributed to the beneficiaries.
If the deceased dies in Harris County without a valid last will and testament, the heirs will need to engage a Humble probate attorney or Humble probate law firm to file an Application to Determine Heirship and probably an additional Application for Independent Administration.
The action to Determine an Heirship, properly filed by your probate lawyer, allowed under Texas Estates Code Sec. 202.001 gives a probate judge the authority to: 1) identify the persons who are a decedent’s heirs and only heirs, and 2) determine the heirs’ respective shares and interests under the laws of Texas in the decedent’s estate.
The interests of the heirs in the decedent’s estate are governed by Texas Estates Code Sec. 201.001 and are formally called the Texas Laws of Descent and Distribution but are far more accessible in the visual depiction in the “Texas Intestacy Graph” located above. While a qualified probate attorney can explain it thoroughly, the “Table of Consanguinity” also included above may be helpful in your understanding.
The proof required by most probate judges for a Determination of Heirship is to have the testimony of two disinterested witnesses who knew the decedent very well and for such a long period of time that they would know the decedent’s marital history and the decedent’s children. See Texas Estates Code Sec. 202.151.
An application to determine heirship can be filed by your probate attorney with the proper Texas probate court in the county where the decedent resided or died, as long as the decedent died without a will. See Texas Estates Code Sec. 202.002
Almost all counties in Texas will require your probate attorney to file this electronically.
After the application to determine heirship is filed by the probate attorney, each distributee who is 12 years of age or older and whose name and address are known or can be ascertained through the exercise of reasonable diligence must be served with citation by a qualified delivery method. See Texas Estates Code Sec. 202.051. When the address of a person or entity on whom citation is required to be served cannot be ascertained, citation must be served on the person or entity by publication in the county in which the proceeding to declare heirship is commenced and in the county of the last residence of the decedent who is the subject of the proceeding. See Texas Estates Code Sec. 202.052.
Your Humble Probate attorney can help you determine if there is a need for an administration of the estate. If there is need for an administration, your probate lawyer can file an Application for Independent Administration. See Texas Estates Code Sec. 306.002.
People usually leave behind some debts. Typical debts include medical bills, household expenses, car payments, mortgages, etc. From the date of the order creating an administration, the administrator has 30 days to provide a notice to creditors, usually by publication in a newspaper of general circulation in the county. See Texas Estates Code Sec. 308.051. Proof of publication of notice must be filed in the form of a publisher’s affidavit. See Texas Estates Code Sec. 308.052.
From the date of the order creating an administration, the administrator has 60 days to provide a notice to each beneficiary named in the will with the contact information of the executor and a copy of the will. See Texas Estates Code Sec. 308.002. Proof that notice was given must be filed by the probate attorney on behalf of the administrator within 30 days thereafter. See Texas Estates Code Sec. 308.004.
After the administrator is appointed for the estate, the probate attorney for that person must record all assets and monies owed to the estate and report to the county clerk all the assets held by the estate within 90 days after appointment. See Texas Estates Code Sec. 309.051 and 309.052. The administrator deso so by asking the probate lawyer to prepare an Inventory, Appraisement, and List of Claims, that is signed and sworn to by the administrator. See Texas Estates Code Sec. 309.053.
If a creditor presents an authenticated claim to the administrator or files the same in the case or deposits it with the county clerk, the administrator or his probate attorney has 30 days to file with the court a memorandum stating the date it was presented and whether the administrator allows or rejects the claim. See Texas Estates Code Sec. 355.051.
Probate court actions can be an emotional ordeal for some with the potential to cause issues within the family. In Texas, a probate lawyer may file a contest to an heirship or a claim against the estate. These disputes have to be resolved for a distribution.
After the claims are paid and any disputes resolved, the remaining assets are then distributed to the heirs.
The person named as the Executor in a Will is charged with managing the estate. These duties include taking an inventory and catalogue of the decedent’s assets; pay debts of the decedent from his estate; pay taxes of the estate; collect monies owed to the decedent and estate; file lawsuits for claims owed to the estate; and distribute assets from the estate to the beneficiaries as named in the decedent’s last will and testament. Depending on your engagement, your Humble probate law firm can assist you with the probate administration.
When the decedent has died without leaving a valid will (and thus, no executor has been named), your Humble probate attorney can petition the court to appoint an administrator to carry out the duties of an executor after the court has made a determination of heirship. The court will often appoint one of the primary heirs to act in this capacity but it can be a third party if the heirs cannot agree.
An estate consists of all the decedent’s assets. These include cash, bank accounts, safe deposit boxes, real estate (houses, buildings, land, etc.), stocks and bonds, life insurance, investment accounts, vehicles, tools, and personal belongings. Your Humble probate lawyer will help you inventory these assets once the estate is opened.
This is the legal document in which someone describes how he or she would like his or her assets distributed. The Will is the document that the Humble probate lawyer will apply to have admitted into probate.
These are loved ones named in a will, or heirs determined by the court (if there is no will), who will receive assets from the decedent’s estate.
This is the person who has passed away and whose estate is to be opened in probate.
Ready to get started? Call (832) 583-6551 or send us an email to schedule your free consultation. We’re ready to assist with your estate and probate needs in Humble and the surrounding Harris County area.
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