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Frequently asked questions

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.​
Operated by Law Firm of Rick Villarreal:

10777 Westheimer, Suite 1100
​Houston, Texas  77042

6500 River Place Blvd., Suite 250
Austin, Texas 78730


Contact us:
855-451-1040 (phone)
888-610-1729 (fax)
rick.texaslaw@gmail.com
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