How Probate Works in Texas: A Step-by-Step Guide

You’ve probably seen plenty of movies where a family gathers around an attorney’s desk and is read the will of their dearly departed. This usually sets the story in motion, whether the family inherits a haunted mansion or someone must pass a test before inheriting a fortune. What these movies leave out is the probate process.

In legal terms, probate is the official process that distributes a deceased person’s estate.

At a minimum, probate can take several months for a small estate and several years for a contested estate. In either scenario, having an experienced Texas estate attorney on your side helps protect your interests and helps you understand the process.

Step 1: File the Will With the Probate Court

The first step is filing the will with the appropriate probate court. That is determined by the county where the deceased individual lived. For instance, in Houston, you would file in the Harris County Probate Court. The court will review the will to ensure that it conforms with Texas law.

If the deceased didn’t leave a valid will, the court will begin what it calls an intestate probate process. In that case, a probate judge will decide how to divide the assets.

It’s important to file for probate as quickly as possible to avoid delays.

Step 2: Appoint an Executor for the Estate

One of the primary functions of a will is to designate an executor. This person oversees the distribution of the funds and ensures the decedent’s wishes are carried out. They won’t have to do this alone. They can work closely with an attorney who is familiar with the probate process.

If a will names an executor, the probate court judge will officially appoint that individual to oversee the estate. However, if there’s no will, the court will appoint an administrator.

According to Texas law, the probate court will appoint a selector in the following order of preference:

• Surviving spouse
• Principal heirs
• Any other heirs
• Creditors
• Suitable person

Step 3: Identify and Secure Assets

The executor is responsible for locating and securing all assets owned by the deceased.

This includes reviewing all real estate, bank accounts, investments, vehicles, and personal property. The executor must also identify any outstanding estate debts. Once the executor has a clear picture of the estate’s value, they must resolve the outstanding debts.

Step 4: Notify Creditors and Pay Debts

In Texas, an executor must notify creditors of the deceased’s passing. That means publishing a notice in a local newspaper and sending direct notices. This shifts some of the burden to creditors to make claims against the estate. Typically, a creditor has four months to make the claim from the date they receive a formal written notice from the estate.

After reviewing claims, the estate pays valid debts from its assets. The following priority pays these debts:

• Funeral costs and final hospital bills up to $15,000
• Estate administration such as court filing fees, attorney fees
• Secured debts such as mortgages and car loans
• Unpaid child support
• Unpaid state or property taxes
• Medicaid benefit reimbursements owed to the state
• Credit card balances, personal loans, utility bills

Step 5: Distribute Assets to Beneficiaries

After the executor pays the debts and taxes, they distribute the remaining assets to the beneficiaries according to the will. If there is no will, Texas intestate succession laws prioritize the following beneficiaries:

• Spouses
• Children
• Other close relatives

During distribution, the court transfers all real estate, financial accounts, and personal property to the designated beneficiaries.

Alternatives to the Probate Process in Texas

There are alternatives to probate. You can discuss these with an experienced estate attorney. In Texas, a few alternatives to the probate process exist. These are designed to save time and reduce costs.

These alternatives include:

Transfer on death deeds (TODD): This allows a real estate asset to transfer directly to a beneficiary without going through probate.

Payable on death (POD) accounts: You can designate bank accounts and other financial assets as POD. That allows beneficiaries to access funds immediately after the account holder’s death.

Small estate affidavit: Estates valued at $75,000 or less may qualify for this streamlined process. This lets you skip formal probate proceedings.

Living trusts: If you set up a living trust, you can place assets in it, and a trustee will manage them. This allows the assets to pass directly to beneficiaries without going through probate.

Joint tenancy with right of survivorship: If a property is held in joint tenancy, it will automatically pass to the surviving owner upon one owner’s death.

It’s understandable to feel overwhelmed by the probate process. You may also discover a few “surprise” debts you weren’t aware of.

This is why you need the support of an experienced probate attorney. The legal team at Davis & Associates has helped many families navigate probate. Our goal is to find a fast resolution that supports the family and helps bring closure.

We begin by answering all your questions.

Call for a consultation today, and we can help get your estate sorted.