Probate is the court-supervised process of authenticating a last will and testament if the deceased has made one. Probate has a process that involves many steps that are all necessary to move assets from the ownership of the deceased into the ownership of the living beneficiary. Unfortunately, probate has a reputation for lasting forever and be a tedious and time-consuming process. Some people can settle within a few weeks or months, while others can deal with it for years. That’s right years! But in the state of Texas, probate isn’t typically something to worry about because it has one of the most simplified probate processes in the nation.
Probate in Texas
Texas has three kinds of probate dependent administration, independent administration, and one unique to Texas, muniment of title.
Dependent Administration involves a lot more court supervision which means the administrator needs the court’s permission to conduct any action in the probate process. This could be anything from selling a house, paying the estate’s debts, or cashing in stocks. It can also be more time-consuming and expensive.
Independent Administration is the most common and favored type of probate administration. It is quicker, less expensive, and simpler. It usually involves only one court hearing and the filing of an inventory. Most Texas wills direct the named executor to pursue independent administration. Even if the will doesn’t provide for independent administration, the executor can ask the court for authority to act as an independent executor if all beneficiaries agree.
Contact a Wylie Estate Attorney
Even if you don’t have a large estate, the process of transferring your assets can be costly and time-consuming. The best way to simplify your situation of distributing your property is by taking the appropriate estate-planning steps and consulting a professional estate planning attorney. Edmondson Law, PLLC has a vested interest in providing the highest level of legal service and representation to our clients. Contact us at 972-442-8326 or visit us at www.wylietxlaw.com. Most of the time all we need is a bit of a nudge to actually begin the process. And, there is no time like the present to get started.
Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.