In Texas, when a person dies and leaves a will, that will must be submitted to the court. However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration. Only estates with no contests, no real property, no debt, and no accounts without satisfactory beneficiary designations can really avoid probate. All others require the probate court to direct the proper distribution of the decedent’s (the person who died) assets, although there are several procedural options within the probate umbrella. If the decedent did not name … [Read more...]
I Never Probated the Will and I Need to Sell the House
In order to sell a house, you must have clear title to that home. If the legal owner of the property died and left you that house in their will, but you never probated the will, the answer to whether you can now sell the home depends on many factors. When someone dies with a will, Texas law requires that will to be submitted to probate within four years of the death. The probate court oversees the distribution of assets to be sure that, after all the decedent’s debts are paid, the assets are distributed according to the written wishes of the decedent. Transfer of assets by the probate … [Read more...]
Do I Have to Hire an Attorney to Probate a Will?
In Denton County and most Texas counties, if you have been named the executor of an estate, you will need to be represented by an attorney in probate court. There may be some exceptions, such as if you are the sole heir and there are no debts, but in all other situations, you must be represented by an attorney licensed in the State of Texas. Why an Attorney is Required to Probate a Will Only attorneys are licensed to represent others in court. According to the Denton County Probate Court, “Generally, only an attorney licensed in the State of Texas may … [Read more...]
When Do I Have to Probate a Will in Texas?
When someone dies, probate is the process by which a court oversees the distribution of that person’s assets according to the terms of their will. There are some assets that pass to heirs outside of probate. Many surviving spouses do not realize that probate is necessary to transfer property purchased by the couple prior to one’s passing. When Do I Have to Probate a Will in Texas? Texas Estates Code requires the personal representative, or executor of the estate of the decedent to submit the will to the probate court within four years of the death of the decedent. If the representative … [Read more...]
How Long Does It Take to Probate A Will in Texas?
The best answer to the question about how long it takes to probate a will in Texas is, “It all depends.” Our attorneys at Springer & Lyle will help you understand the process specific to your circumstances, and to estimate a timeframe for when the process can be completed. What is Probate? Probate is the process where property owned by someone who died is transferred to the person’s heirs after any claims against the property have been settled. If the person left a valid will, the property will be distributed according to the … [Read more...]
Probate: Is it Necessary?
The simple definition of probate is the legal process whereby property is transferred to the heirs of a deceased individual, who is referred to in law as the “decedent.” The definition may be simple, but the process is not. Our probate attorney at Springer & Lyle, Aubry Dameron, will assist you with the somewhat complicated Texas Estates Code so you can understand how probate works in Texas and discover what property can be transferred outside of probate. Many, if not most, estates in Texas if proper planning is in place, can avoid probate entirely. What Happens … [Read more...]
