When a person dies, the transfer of property depends on the assets, ownership arrangements, beneficiary designations, and any valid will or trust. Texas intestacy law governs property that passes without a valid will; some assets may transfer outside probate.
Whether probate is needed depends on how the assets are held and what must be done to transfer or administer them. A plan intended to avoid probate does not answer that question for every asset.
What is Probate?
Probate is the process by which a deceased person’s debts are paid, and his or her property is identified, valued, and distributed to the person named in a Will or to the heirs dictated by law. Probate is a court process that is overseen by a judge and administered by the personal representative of the estate, known as the estate “executor” if the decedent died with a Will, or “administrator” if the decedent died without a Will.
Texas offers several probate procedures. Independent administration generally allows the personal representative to take many steps without obtaining a separate court order for each one. Bond requirements depend on the will, applicable law, and court orders; independent administration does not automatically eliminate a bond. See Texas Estates Code § 305.101.
Dependent administration involves greater court supervision. Dying without a will does not automatically require that procedure: Texas Estates Code § 401.003 permits independent administration by agreement of the distributees when statutory requirements are met and the court approves. The appropriate procedure and timing depend on the estate.
Permission from the court must be obtained before taking most actions, including the sale of estate property or payment of estate expenses or debts. In a dependent administration, the administrator must make regular accountings to the probate court, which provides transparency about the executor’s actions to the court and the estate’s heirs.
In addition to these types of formal administration, there are other options for the transfer of property if the estate is small and uncomplicated. Learn more about the probate process and types of probate.
We Can Lift the Burden of Probate Off Your Shoulders
Most people have little or no experience with the Texas probate process, which can be complicated. An executor named in a Will (or an administrator appointed by the court if there is no valid Will) may reside outside the state. These factors, not to mention the fact that a loved one has just died, can make the probate process seem overwhelming. Dawson Springman can help families through this difficult time.
At Dawson Springman, we lift the burden of probate off the personal representative’s shoulders by offering professional guidance and support. Our attorneys can help you understand the required steps, address legal questions, and carry out your responsibilities.
Stephen Turkett is an experienced probate attorney with over 20 years experience in such matters. We can help with probating a Will or probating an estate without a Will, including a determination or declaration of heirship. The firm also assists with closing out revocable living Trusts and work with other probate issues, including Affidavits of Heirship, community administration, and Small Estates Affidavits. We can advise families facing Medicaid Estate Recovery (MERP), as well.
Get Attentive and Personalized Assistance with Texas Probate
At Dawson Springman, we handle all aspects of Texas probate with diligence and care. We will explain the probate process in general, as well as the details that apply to your specific circumstances. We understand that handling the administration of a loved one or friend’s estate can be difficult, and our focus is on helping you through the process compassionately and efficiently, with as little stress, expense, and delay as possible.
Schedule a consultation to learn more about how we can help you in this difficult time. We have offices conveniently located in Fort Worth and Midland. Call us at 817-870-1212 or view our contact options.