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1807 Westminster
Denton, TX 76205

940.387.0404

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You are here: Home / Archives for Probate

I Never Probated the Will and I Need to Sell the House

November 21, 2022 By Staff - s.r.

Probated will and 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...]

Filed Under: Featured Tagged With: Probate, Property, Texas Law, Wills

Do I Have to Hire an Attorney to Probate a Will?

June 30, 2022 By Staff - s.r. Leave a Comment

Hire attorney for 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...]

Filed Under: Featured Tagged With: Attorney, Probate

When Do I Have to Probate a Will in Texas? 

April 8, 2022 By Staff - s.r. Leave a Comment

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...]

Filed Under: Featured Tagged With: Probate, Texas, Wills

Do All Wills Have to Be Probated in Texas?

May 18, 2021 By Staff - s.r. Leave a Comment

Pre-existing conditions in Texas

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...]

Filed Under: Featured Tagged With: Probate, Texas, Wills

How Long Does It Take to Probate A Will in Texas?

February 24, 2020 By Staff - s.r. Leave a Comment

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...]

Filed Under: Featured Tagged With: Probate, Time Frame

Probate: Is it Necessary?

February 12, 2020 By Staff - s.r. Leave a Comment

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...]

Filed Under: Blog Articles, Featured Tagged With: Probate, Texas Estate Codes

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Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

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The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

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