1. Do I need to probate?
- Probate is necessary to transfer assets to the beneficiaries named in the Will.
2. Is there a time limit on probating the Will?
- Texas requires the Will be probated within 4 years of the death of the decedent. After 4 years, the Will can only
be used to transfer title of real estate.
3. The Will I have was written out-of-state. Can I still probate this in Texas?
- Yes. Texas allows probate of the Will as long as it meets the requirements for a Texas Will, or the requirements
of the state where it was written.
4. What is the general process for probating a Will?
- You need to locate the original Will (although we can probate a copy of the Will, but much more difficult).
- Your attorney will:
- file the Application for Probate and the original Will with the court,
- prepare the documents needed for the court,
- attend the court hearing with you and assist with the hearing,
- notify creditors and publish a notice to creditors in a local publication, and
- notify the beneficiaries that the Will is being probated,
- After the hearing (with continued advice and consultation with your attorney), you will:
- receive Letters Testamentary which gives the executor the power to act for the estate,
- set up a bank account in the name of the estate to collect assets (you will need to obtain a EIN for the account),
- collect assets, and pay debts (in priority according to Texas rules), and
- distribute the remaining assets to the beneficiaries.
5. How long does the probate process take?
- It usually takes about 4 weeks to file the paperwork, attend the hearing and receive authorization to act as the
executor.
6. How easy will it be to stay in contact with my attorney?
- You will have direct access to the attorney by cell phone. Calls are routinely accepted on week nights and
weekends for your convenience.
7. I have never been through probate, and I don't know what to expect.
- We maintain a schedule of the probate activities that must be completed.
- You will be emailed or contacted by phone prior to each step in the probate process.
- Probate is necessary to transfer assets to the beneficiaries named in the Will.
2. Is there a time limit on probating the Will?
- Texas requires the Will be probated within 4 years of the death of the decedent. After 4 years, the Will can only
be used to transfer title of real estate.
3. The Will I have was written out-of-state. Can I still probate this in Texas?
- Yes. Texas allows probate of the Will as long as it meets the requirements for a Texas Will, or the requirements
of the state where it was written.
4. What is the general process for probating a Will?
- You need to locate the original Will (although we can probate a copy of the Will, but much more difficult).
- Your attorney will:
- file the Application for Probate and the original Will with the court,
- prepare the documents needed for the court,
- attend the court hearing with you and assist with the hearing,
- notify creditors and publish a notice to creditors in a local publication, and
- notify the beneficiaries that the Will is being probated,
- After the hearing (with continued advice and consultation with your attorney), you will:
- receive Letters Testamentary which gives the executor the power to act for the estate,
- set up a bank account in the name of the estate to collect assets (you will need to obtain a EIN for the account),
- collect assets, and pay debts (in priority according to Texas rules), and
- distribute the remaining assets to the beneficiaries.
5. How long does the probate process take?
- It usually takes about 4 weeks to file the paperwork, attend the hearing and receive authorization to act as the
executor.
6. How easy will it be to stay in contact with my attorney?
- You will have direct access to the attorney by cell phone. Calls are routinely accepted on week nights and
weekends for your convenience.
7. I have never been through probate, and I don't know what to expect.
- We maintain a schedule of the probate activities that must be completed.
- You will be emailed or contacted by phone prior to each step in the probate process.