WHAT IS PROBATE?
Probate refers to the transfer of property and the administration of an individual’s estate upon his or her death. Typically, probate involved a court-proceeding in the county in which the individual resides at the time of death.
Many people fear probate; however, in Texas many options are available to fully administer a decedent’s estate and ensure that decedent’s last wishes are carried out in the most cost-effective and efficient manner.
I HAVE A WILL, NOW WHAT?
If the decedent left a valid Will, then the Will is filed with an application in the county in which the decedent resided or whether the decedent’s principal estate is located. Typically, a Will streamlines the probate process and makes probate more cost-effective and less time consuming.
Several options are available for the administration of the estate with a Will. Either an independent administration can be opened, or if there is only real property and no debts, then a Muniment of Title can be considered.
WHAT HAPPENS IF THERE IS NO WILL?
If the decedent did not leave a Will, then an heirship is necessary. It is important to consult an attorney who is skilled in the probate administration to determine whether or not a judicial determination of heirship is necessary, or if there is a suitable alternative, such as an Affidavit of Heirship or Small Estate Affidavit.