What the heck is probate?

Probate is a legal proceeding used to settle a person’s estate after they have passed away.

Settling ones estate consists of:

1. Admitting the will to probate-(this just means that the probate court determines the will is valid). If the decedent dies without a will, probate is used to determine who the heirs are and the statutory share of the estate they'll receive.
2. Collecting assets of the person who died
3. Paying any debts they may have owed
4. Distributing the remaining estate to beneficiaries of a Will.

In Texas, there are many types of probate proceedings which range from Small Estate Affidavits, Muniment of Titles or Independent and Dependent administrations. Typically, an Independent Administration has the least amount of court supervision. If the heirs in an estate cannot agree how to settle the estate or do not trust each other, a Dependent Administration may be a better option. However, some of the drawbacks of a Dependent Administration are the additional cost and the additional time.

WHERE DOES PROBATE TAKE PLACE?

Probate takes place in the county in which the Decedent (person who died) died, or the county in which he or she resided at the time of their death. Note, that even if the Decedent lived outside of Texas, but owned real property in Texas, a probate may still be necessary in Texas for that property.

WHAT IF YOU DIE WITHOUT LEAVING A WILL?

Dying without a will is known as dying intestate. When this happens, the laws of the State of Texas determine how the estate will be distributed. The probate court will require that your estate go through an heirship proceeding to determine who your heirs are. The court will appoint an attorney ad litem (at the estate's expense) to determine whether anyone has been left out of the paperwork filed by your family member(s) who are trying to settle your estate. Typically, the courts are making sure that any unknown or unnamed heirs are accounted for. This process involves the attorney ad litem contacting disinterested witnesses that knew the decedent to verify that the decedent either had no children, or the children listed in the heirship application were the only children born or if the decedent had other children on the side. The majority of the time there are no kids on the side, but everyone once in a while there is. If their are children from outside the marriage or from a previous marriage, the distribution scheme totally changes.

WHAT TRIGGERS PROBATE?

Typically Probate is needed to transfer title of real property. For example, husband and wife owned a 3000 sqft house as community property. Husband dies and wife needs to sell the house or refinance. A title companies will require the surviving spouse to probate the estate before they will provide Title Insurance.

HOW LONG DO I HAVE TO FILE A PROBATE?

In general, a will must be probated within four years of the person’s death.

HOW LONG DOES PROBATE TAKE?

That depends on the type of probate involved and the complexity of the issues. With a simpler Independent Administration of the Estate, 3-6 months is average. For Petitions to Declare Heirship where someone died without a will, it can take long, as there are more issues involved.

Texas Bar Member

Bar Card Number: 24053232
	Work Address	1901 E Palm Valley Blvd Round Rock, TX, 78664-9401
	Work Phone Number	(512) 244-6658
	Primary Practice Location	Austin , Texas
Current Member Status
Eligible To Practice In Texas
Education and Certification History
Law Schools: Law School Graduation Date Degree Earned St. Mary's University 05/2005 Doctor of Jurisprudence/Juris Doctor (J.D.)

Introducing Steven A Gonzales - Attorney at Law

Steven A Gonzales is a graduate of St. Mary's School of Law in San Antonio Texas. He currently practices law in Round Rock, TX in General Law.

You will not find a more honest and hard working attorney because Steve is a family man who has been married for nearly 10 years, has a 2 1/2 year old son and another baby boy coming soon in July.

Areas of law that he is extremely experienced:
Wills & Trusts
Probate
Divorce
Criminal Defense
CPS Cases

For a free consultation or to contact Steve Gonzales please email him at stevenagonzales@gmail.com.