This is a brief outline of the process for probating the Will of a Decedent. The outline is not exhaustive, but it gives a general overview.
1. The Attorney files an Application Probate of Will Produced in Court and for Letters Testamentary with the probate court. The application must be accompanied by: Filing fee; Original Death Certificate; and Original Will.
2. Wait 10-15 days while Citation to Interested Parties is posted by the clerk.
3. Set a hearing in Probate Court.
4. The Applicant and Applicant’s Attorney attend the hearing in Probate Court. Generally takes less than a half hour. Applicant testifies to the death of Decedent, authenticity of the Will, and other facts. Judge signs the Order appointing Applicant to be Executor. Executor signs the Oath. The Clerk issues Letters Testamentary.
5. Executor administers the estate. Gathers all assets. Pays bills. Distributes remaining assets to the beneficiaries.
6. Attorney provides notices required by law. Publishes Notice to Claimants in local newspaper within 30 days. Sends Notice to Secured Creditors within 60 days. Sends Notice to Beneficiaries within 60 days. Files Proof or Certificates of Notice with probate court.
7. Attorney files Estate Inventory with the Probate Court within 90 days. Executor must furnish Attorney with information for drafting the Inventory. Court signs Order approving inventory. Probate Court does not require anything more.
8. Executor may have Attorney file a Closing Report or Notice of Closing. This is optional. It’s not required. This ends the Executor’s responsibility and authority.
The probate process is complete. There may be more work to do to administer the estate.
Sources:
Texas Estates Code § 256.051-256.053.
Texas Estates Code § 258.001
Texas Estates Code §§ 256.151, 256.152, 256.201, 305.051, 306.003, 306.004
Texas Estates Code §§ 402.002, 351.101, 351.102, 351.151—351.153, 351.051-351.054, 355.101-355.108.
Texas Estates Code §§ 308.051-308.052
Texas Estates Code § 308.053.
Texas Estates Code §§ 308.002-308.004.
Texas Estates Code §§ 309.051-309.054.
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