Expedited Probate Procedures in Texas

When a person who dies has a Will, the Court must recognize the Will before actions can be legally taken under the Will. The act of obtaining Court recognition of a Will is called “probating” a Will.

Texas has adopted expedited procedures which make probating a Will fairly straight forward and efficient under certain circumstances. If the person who died (the “Decedent”) died with a Will naming an Independent Executor, and if the Will contains a “self proving affidavit” attached to it, then the following steps will generally apply. These steps assume that the Will is not contested.

An Application to Probate the Will is filed with the Court along with the original of the Will. A hearing will then be set. At the hearing, the person who is applying to be the Independent Executor will answer a short list of questions asked by his/her attorney. These questions will elicit certain facts including, among others, the name of the Decedent, age of death; county of death; marital status of Decedent at time of death; information on any prior divorces of Decedent; and whether the Will filed with the Court is the last Will and Testament of the Decedent.

The Judge will then sign an Order accepting the Will and granting “Letters Testamentary” to the Independent Executor. The Independent Executor will take an oath before the Court Clerk stating that he/she will perform the duties of Independent Executor, and then order a number of the Letters Testamentary from the Clerk. The Letters Testamentary are like a power of attorney-they are proof that the person is the Independent Executor of the Estate of the Decedent so that this person can take actions on behalf of the Estate. Insurance companies, banks, brokerage companies, and others may require an original Letter Testamentary.

Once Letters Testamentary are issued, the Independent Executor will start the process of gathering up the assets of the Estate and then distributing them according to the terms of the Will. A notice to creditors will be published in the local newspaper, and an Inventory of the “probatable” assets will be filed with the Court. Additional notices may be required to be sent if there are secured creditors, charitable organizations named in the Will, or certain beneficiaries under the Will. The Independent Executor’s attorney will be able to help with all of this.

After the Judge signs the Order Approving the Inventory, no additional action is required with the Court. The gathering and distributing of the assets of the estate are done without Court supervision. This is a key advantage to probating a Will in Texas.

There are numerous factors which can make the probate of a Will more complicated than that described above, but for the average person who has a Will prepared by a Texas attorney, the process can be as smooth as described.

Disclaimer: Nothing in this website is intended to provide you with legal advice, nor is it intended to create an attorney-client relationship. Before I represent any client, the client and I will sign a written retainer agreement. If you do not have a signed, written retainer agreement with me, I am not representing you and I will not be taking any action on your behalf.