Probate Will
Probate is the process in which a court legally recognizes a person's death and oversees the payment of a deceased person's debts and the distribution of his or her assets
The court’s role is to facilitate this process and protect, when necessary, the interests of all creditors and Beneficiaries of the estate.
There is no general requirement that all wills go through probate in Texas. However, if the decedent dies and leaves a will, you can only implement its provisions through probate.
Probate is needed in Texas when someone dies with assets in their single name, whether they have a will or not. Full court probate (court supervised) is required in Texas when the total assets of the estate are greater than $75,000 and or if there is a will.
Texas probate law requires that all estate assets are gathered and that the deceased person’s remaining debts get paid out of those assets. Only after all debts have been paid can the estate’s assets be distributed according to a will or, if there is no will, according to Texas intestate succession laws.
Probate. If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Probate is the only legal way to transfer the assets of someone who has died. Without probate, titled assets like homes and cars remain in the deceased’s name indefinitely. You won’t be able to sell them or keep registrations current because you won’t have access to the individual’s signature and consent.
The bank will freeze the account. The executor or administrator will need to ask for the funds to be released – the time it takes to do this will vary depending on the amount of money in the account.
In Texas, there is a four-year time period for the probating of a Will or for using the Will as a Muniment of Title for transferring property without a formal Probate proceeding.
Tips
1 – DO NOT tell their bank This may seem counterintuitive, but telling the bank prematurely can result in a host of problems that will take a considerable amount of time, money, and legal support to fix. First, you should meet with an attorney who is a Certified Specialist in Estate Planning, Trust and Probate Law to develop a plan of action to minimize your costs, obligations, and liabilities. If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments.
2 – DO NOT wait to call Social Security
You should call Social Security right away to tell them about the death of your loved one. Delaying Social Security notification can result in overpayments, legal obligations, fines and fees. Social Security will not let extra payments slide, and they will find a way to get their money back. Save yourself the hassle later on – call Social Security immediately.
3 – DO NOT wait to call their Pension
If the decedent was receiving pension benefits, it is crucial that you call their pension as soon as possible. Just like social security, delaying your notification to their pension can result in overpayments, legal obligations, fines and fees. Their pension has a legal right to collect those overpayments, and they will find a way to make sure they get their money back. Save yourself the trouble – call their pension right away. (Side Note: this advice applies only to pension benefits, not other retirement accounts. Other retirement accounts should be treated like bank accounts.)
4 – DO NOT tell the utility companies
Until you’ve met with a an attorney who is a Certified Specialist in Estate Planning, Trust and Probate Law in order to develop a sound legal strategy for handling your loved one’s estate, you should wait to tell the utility companies. Telling them too soon can result in power and water being shut down. Imagine trying to sort the rest of their estate in the dark with no water access; no fun for anyone. Getting the power turned back on will be more than annoying, so make sure you do not notify the power company when someone has died.
5 – DO NOT give away or promise any items to loved ones
Whether or not there is a will or trust in place, you should not be distributing your loved one’s assets until you’ve met with an attorney who is a Certified Specialist in Estate Planning, Trust and Probate Law. The laws surrounding a decedent’s estate and assets are complicated, and you will be held financially and legally responsible for any mistakes you make during the process. The best way to avoid complications, fighting with family, and legal proceedings is to wait until after you meet with an attorney to distribute family heirlooms and any other possessions. If someone mentions the decedent said they could have something when they died, tell them you’ll write it down and check to see if it’s in the will or trust when you meet with an attorney.
6 – DO NOT sell any of their personal assets
Just like giving their personal assets away, selling their personal assets can result in legal obstacles later on. The way the law will allow for their personal assets to be handled depends on a variety of circumstances – whether a will or trust was in place, who has the right to make these decisions, etc. Plus, there are the complications associated with correctly distributing funds from the sale of their personal assets. Until you’ve met with an attorney who is a Certified Specialist in Estate Planning, Trust and Probate Law, you should not be selling any of their personal assets.
7 – DO NOT drive their vehicles
Since the owner of the insurance policy has died, the insurance may not cover anyone or any accidents after their death. It is best that you wait to drive, loan out, sell, or give away their vehicles until after you’ve
attorney will help you handle their estate in a way that saves you money, time, and stress. Even if you decide not to hire an attorney, it is important that you at least talk with one to make sure you have a sound plan in place for handling their estate.
Deciding what to do with the personal assets and estate of a loved one who has passed away can be stressful and confusing. Hopefully this list brings you a sense of direction as you wade through the task at hand. Finding help, in the form of legal guidance, is one of the best things you can do to reduce your liability during this process. Consulting an attorney who is a Certified Specialist in Estate Planning, Trust and Probate Law will save you time and money, and bring you peace of mind. Information courtesy of Matthew Hart a California Licensed Attorney who is an Estate Planning, Trust & Probate Law Specialist certified by the State Bar of California.
*All information on this website is informational and content comes from various resources. We are not attorneys and do not claim to be.