Houston Probate Attorney

What Does an Executor Do?

An Executor approved by the Texas probate court is responsible for locating and overseeing the collection and distribution of the assets and payment of the liabilities of the deceased.  The Executor’s inventory of the deceased’s assets and liabilities must be filed and approved by the court.  The Executor is responsible for selling or transferring assets per the wishes of the deceased as specified in the deceased’s will. 

How Does Probate Work without a Will?

According to the Texas probate code, when a person dies without a will, he is termed to have died intestate.  This can also be true if the will presented to the court is found to be invalid. The intestate probate process begins with the appointment of an Administrator who functions largely as an Executor, but may have more court supervision of the actions taken.

What Is Intestate Succession? 

The most expensive and time consuming scenario is when no planning is done.  If a person dies without a Will, Will Bypass instruments or a Trust, title to property is conveyed by “Intestate Succession”.  Intestate Succession through a probate proceeding generally involves an Heirship Proceeding and an Administration of the Estate.  With a minimum of estate planning, this time and expense (to those left behind) can be avoided.

What Does a Probate Administrator Do?

The Administrator’s function is to locate legal heirs of the deceased, including the surviving spouse, children and more distant relatives as needed.  The laws of intestate distribution control what assets need to be distributed and how they are to be distributed among the legal heirs.  The distribution has to ultimately be approved by the court. 

Does a Will Have to Be Probated in Texas?

Probate laws in Texas generally allow an estate of less than $75,000 to avoid the probate process.  If the estate qualifies, there are alternate legal actions, such as an affidavit filed with the court, Department of Motor Vehicles, or with a financial institution. Assets that have contractually designated beneficiaries or assets jointly owned with a right of survivorship can bypass the Texas probate process.

How Long Does Probate Take?

Unfortunately, how long probate takes will really depend on the estate. For example, if there is a will or a simple estate, the Texas probate process may take a couple months. While a contested will or a complicated estate may require longer in probate. A skilled Houston probate lawyer at The Tholstrup Law Firm, L.P. can provide you with more information on your case following a consultation.

What Is a Probate Hearing?

A probate hearing is held in court where the judge validates the circumstances of the individual’s estate, specifically regarding whether a will exists or not. If there is no will, an administrator will then be named. If there is a will, then the judge will confirm who the executor of the estate is.     

The probate hearing will take place roughly 2 weeks after the initial probate application has been filed. 

What Does a Probate Bond Do?

A probate bond is required for the executor or administrator of the will to help ensure that the matters of the estate are handled appropriately and assets distributed accordingly. It essentially helps guard the estate and it’s beneficiaries in the event that the executor or administrator neglects their fiduciary duties. 

What Is Exempt Property in Texas Probate?

According to Texas Probate Code, exempt property is the decedent’s residence as well as certain personal assets that are set aside for the spouse and minor children. The state of Texas also provides a list of what property is classified as exempt.

Personal Property That May Be Exempt Include, but Is Not Limited To:

• Furniture, decorations, and other home furnishings
• Inherited items or family heirlooms
• Farming equipment and machinery
• Jewelry
• Vehicles
• Pets