Thinking of filing a Probate case?

Like in many states, the probate process in Texas has it’s own nuances and particularities to navigate.

Here is an easy to digest breakdown…

Typically, the first place to start is to determine whether your loved-one had a Will or estate plan in place.

If they did have a Will, then distributing their assets to the right beneficiaries is quicker and less expensive than if they didn’t have one. The court and the “Executor“ will follow the terms of the Will to distribute the deceased person’s assets as stated in their Will. When someone passes away without a Will, they are considered to have died “intestate“. If your loved one passed away intestate, then Texas law will dictate how your loved one’s assets will be distributed.

Before the property can be divided, the Court will need to determine who the heirs are so everyone knows who has the right to receive any of the property. Someone, typically a family member, will ask the Court for a court order stating who will receive the property and in what percentage.  This is known as an heirship proceeding which will add to the time and expense of administering the case.

Once the court determines who the heirs of the deceased person are, the court will divide the estate accordingly. Exactly how the estate will be divided depends on the composition of the family. The division and distribution of the estate can differ depending on whether that person was single, married, had children, and/or was part of a blended family.

After the Court has determined who the heirs are and what their percentage of the property is, the person in charge of the estate will gather all your loved ones’ property, determine if there are any debts to be paid, and then distribute the property according to the percentages outlined in the Court’s order. 

As the title of this post states, this information is simplified! If you have specific questions about your estate plan, or a loved one’s probate case, please give us a call so that we may provide answers tailored to your particular situation. We can help walk you through the process informatively and compassionately.