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Texas Probate Process

Probate is the process of transferring ownership of a decedent’s property to the intended beneficiaries after his or her Will is verified by the court system. It also encompasses the administration of the decedent’s estate, collection of debts due to it, and payment of its creditors.

While initiating the process can be simple, the probate process can be complex. When a loved one dies, seeking the advice and assistance of a Texas probate lawyer can help make the process faster and easier.

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    "Ryan and team were very professional and empathetic regarding probating my sister's estate."

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    "After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure."

    He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.

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    "Thank you, Keith, I truly appreciate you."

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    "He was responsive and found the right resources for us."

    He helped my family navigate a unique probate and trust process right at the end of the year.

    - Previous Client
    "He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients."

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Texas Probate: The Steps

The majority of people who begin the process of probating a will in Texas quickly discover that they need the assistance of an attorney experienced in these matters. A probate lawyer has obtained the education and experience necessary to navigate the Texas probate process. A legal professional understands what it takes to meet the requirements of the Texas Probate Code. Some of the steps your attorney will take include:

  • Submitting an application to probate the decedent’s Will.
  • Attending a hearing and providing the court with the proof they need to validate the decedent’s death and admit the Will to probate.
  • Furnishing the Will and/or codicil to the court.
  • Putting creditors on notice of the decedent’s death by publishing a notice in the paper and by sending a letter to the creditors.
  • Sending out notices to the beneficiaries of the estate.
  • Taking inventory and appraising the assets of the decedent.
  • Submitting an application to establish an allowance for the decedent’s family, if necessary.

In a nutshell, probate is the manner by which the court recognizes the death of a person who owns properties and authorizes another to handle its administration.

The process of probating a will in Texas begins by filing an application for probate before the appropriate Texas court. After this filing, the law allows a two week waiting period before a hearing on the probate application starts. During this period, the county clerk will order the posting of notices to inform the public of the probate application. Absent any protest, the court will move forward with the probate proceedings for the administration and recognition of the validity of the Will.

In the course of the proceedings, the court will appoint an executor or administrator to oversee the estate. The law attaches important duties to this designation; accordingly, the court will determine the qualifications of those to be appointed as executors or administrators of the estate.

With the complexities attendant to these proceedings, it is highly advisable to hire the services of an experienced probate attorney in Texas to facilitate the process.

Get Help Probating a Will in Texas

The Texas probate process can be quite lengthy and involved, but working with an attorney who understands the probate system makes certain that the estate’s assets and liabilities are handled in the proper fashion and that the wishes of the decedent are carried out in an appropriate manner. Even with a valid Will, there are time limitations for the probate process, so it’s imperative to talk to an experienced legal professional.

To begin the Texas Probate Process or to find out more probate information, call Attorneys Keith Morris & Stacy Kelly today at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth.

Success that Speaks for Itself

Case Results
  • Dispute Resolved Estate Administration & Division of Assets

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Dispute Resolved Estate Administration Case

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Hearing Won Evidentiary Hearing

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Case Won Guardianship Case

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Six-Figure Settlement Reached Multi-Million Dollar Estate Case

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

Why Choose Attorneys Keith Morris & Stacy Kelly?

  • Extensive Experience

    With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.

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    Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.

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