An estate is the assets and liabilities of a deceased person. The legal process of proving that a will is valid and ensuring that the deceased person’s estate is distributed according to their wishes is called probate. Many estates require permission from a probate court to manage the process and transfer assets.
The State of Texas tracks the ownership of real estate and motor vehicles, so updating those records requires a court order unless the owner had filed the correct documents.
Probate court cases are expensive, especially when the deceased person did not leave a Will. We offer two fixed-price options to help manage the costs.
If you have the original Will, we can prepare and file the initial application to probate the Will and the required documents for a fixed cost of $2,000. There will certainly be more costs, including a hearing to establish that the document is the Will of the deceased person. This additional work varies depending on your specific situation and so is billed hourly at $200 per hour.
A Small Estate Affidavit is used when the deceased person does not have a Will, and their estate qualifies for this shorter probate process. We offer preparation and filing of this document for a fixed cost of $3,000. When it is uncontested and there are no other complications, this is the complete cost of the probate.
FAQs
Who needs to go through probate in Texas?
Probate is generally required in Texas if the estate includes any combination of real and personal property that totals more than $75,000.
How long does the Texas probate process take?
The probate process in Texas can take anywhere from a few months to a year or more, depending on the complexity of the estate and the cooperation of the parties involved.
Does a will have to be probated in Texas?
Yes, a will generally needs to be probated in Texas to ensure that the deceased person’s assets are distributed according to their wishes.
What happens if you don’t probate a will in Texas?
If a will is not probated in Texas, the deceased person’s assets may not be distributed according to their wishes, and the estate may not be settled properly. This can lead to expensive legal complications and disputes among heirs.
Do you need a lawyer to probate a will in Texas?
While it is not legally required to have a lawyer to probate a will in Texas, it is highly recommended to seek legal assistance to navigate the complex probate process and ensure that all legal requirements are met.
What is the difference between an executor and an administrator?
An executor is an individual named in a will to manage the deceased person’s estate. The executor’s responsibilities include collecting and protecting the assets, paying off debts and taxes, and distributing the assets according to the will. An Administrator is appointed by a probate court to manage the estate when there is no will and administration is required. Statutes sometimes use the term Personal Representative to mean either the executor or administrator.
What does it mean to die intestate?
To die intestate means to die without a valid will. In such cases, Texas law determines who will receive the deceased person’s assets.