The Texas Probate Process

Tarrant County Estate Administration Lawyer Assisting With the Texas Probate Process

Following a person's death, a variety of issues related to the person's estate will need to be addressed. In many cases, a person will have a will that details how their assets should be distributed to their heirs. However, even with these instructions in place, assets cannot be transferred until the will is approved in court, and certain procedures must be followed when settling matters related to the estate. This is known as the probate process, and there are multiple steps that will need to be completed by an executor or estate administrator.

At Gonzalez Law, PLLC, we work with executors to ensure they fully understand their requirements during the probate process, and we help them take the necessary steps to follow a person's wishes and resolve any issues that may arise. With our understanding of the procedures followed in these cases, we can help executors avoid disputes with beneficiaries or creditors and make sure they fully address all of the deceased person's affairs. If necessary, we can also provide representation during probate litigation and help resolve any legal disputes about whether a will is valid or whether an executor has carried out their duties correctly.

Steps in the Texas Probate Process

A person's last will and testament will name someone who will serve as the executor of the estate. The executor will assume management of the decedent's assets after their death and oversee the process of distributing these assets to their beneficiaries according to instructions provided in the will. The executor will complete the following steps during this process:

1. File the will in probate court - The executor will file an Application for Probate in the court of the county where the decedent lived. A notice that the application was filed will be posted at the courthouse. If there are no objections to the will that was filed or the nomination of the executor, the judge will usually accept the will and officially appoint the executor as the administrator of the estate.
2. Inventory of the estate - The executor must fully catalogue all of the decedent's assets, as well as any claims against the estate. They will be required to file an accounting of the estate's assets with the court.
3. Notify creditors and beneficiaries - After all beneficiaries have been identified, they will be notified of the decedent's death and the probate proceedings. The executor must also publish notice of the case in a local newspaper, allowing the decedent's creditors to make claims against the estate or providing other potential heirs with the opportunity to contest the will.
4. Payment of debts and taxes - The executor will take the proper steps to resolve any claims made by creditors. They will also be required to file a tax return for the estate and pay any estate taxes that are due.
5. Resolution of disputes - Beneficiaries may contest the validity of a will, and an executor may need to respond to these claims and prove that a will is valid before they can continue carrying out the decedent's wishes.
6. Distribution of assets - After all other issues have been addressed, the executor will take steps to distribute the estate's assets to the decedent's beneficiaries according to the terms of the will. Once all assets have been distributed, the probate case can be closed.

Contact Our Plano Probate Administration Attorneys

Our firm can provide representation for executors to help them complete the probate process as quickly and efficiently as possible. We can also assist with the administration of an estate in cases where a person died without a will, and we can help resolve disputes related to contested estates. To set up a complimentary consultation, contact us by calling 817-349-7330. We provide representation in probate cases in Haltom City, Fort Worth, Plano, Forest Hill, Richland Hills, Tarrant County, Dallas, Saginaw, White Settlement, and Arlington.