What is Probate?
Probate is a legal proceeding through which the beneficiaries under a Will establish their ownership and title to the property of the person who died.
Texas is a probate friendly state, the probate process in Texas is fairly simple and it usually goes without incident.
When a person dies with a Will, the attorney representing the executor named under the Will files an application and the original Will with the county clerk asking that the Will be admitted for probate.
Under Texas law, notice of the Will pending for probate must be posted by the Sheriff or Constable. This notice serves as notice to the public that the probate matter is currently pending. Any interested party may file a contest to the Will, if that person believes it is necessary.
When the posting period expires, a hearing to admit the Will for probate is held before a Probate Judge. The attorney for the named Executor under the Will and the named Executor appear in court, it is usually a routine and non-confrontational hearing.
At the conclusion of the hearing, Letters Testamentary are granted and the Executor is ready to collect assets belonging to the estate.
Subsequent to granting the Letters Testamentary there are statutory notices that must be given regarding the granting of said Letters Testamentary, including notice to creditors.
The beneficiaries under the Will must be given notice of the Will being admitted for probate, unless they sign a waiver of notice.
Fatima Breland, of The Breland Law Firm, P.C., has experience assisting many family members in their role as Executors and guides them through this process.
Contact The Breland Law Firm, P.C., to schedule an appointment to review the Will of your loved one. email@example.com; (713) 661-1335