Individual dies leaving a Will v.s When Someone dies intestate without a Will
The Texas Probate Process requires:
* All of that deceased’s property will be collected
* Debts and creditors paid –
* The assets distributed according to either the provisions of the Will, or
* If they died without a Will, then the property will be distributed according to Texas law regarding intestacy (dying without a Will).
Probate Process for both a Will or Intestate proceeding
1. An application for probate will need to be filed in a Texas Probate Court.
2. Next, Texas probate law requires that you must post for 10 days before you can have a hearing on the Probate Application for the Court to whereby it is determined whether there is a necessity to open the Administration of the Estate and/or to recognize the Decedent’s Will as valid.
3. During the posting period at the County Clerk there is notice to anyone who might want to contest the Will or administration that they have a certain number of days to do that. If they fail to file their contest within that period of time, the Court can move forward in opening the administration and/or recognizing the validity of the Will.
4. Once the posting period has passed, a hearing can be held before the probate Judge. At that time, the Judge will recognize that the Decedent has died, that the Court has jurisdiction of the case, that the person applying to be the Executor is qualified to serve, and that either the Decedent died without a Will or that the Will he left was valid.
Steps in the Texas Probate Procedure
The Texas Probate Code provides certain steps that must be followed when navigating the probate process. In addition to those requirements.
During the probate, each of the following will occur:
1. An application with a Will or without a Will is filed with the County Clerk.
2. If there is a Will it is proved to be either valid or invalid.
3. The Court may appoints a person to be responsible for administering the Estate.
4. An inventory of the property belonging to the Decedent’s estate is reported to the Court and filed with the county clerk.
5. If the Decedent died without a Will, the Court will make a determination as to the identity of the Decedent’s heirs based on probate codes intestacy rules.
6. Creditors owed money by the Decedent at the time of death are might file Claims from the notice of creditors that must be published.
7. The assets remaining after payment of debts and expenses are distributed to either the beneficiaries pursuant to Will or if no Will intestacy rules.
Texas Probate Code requires that executors and administrators in any probate proceeding complete the following requirements whereby every executor or administrator will need to do:
1. Publish a Notice to the Creditors and
2. File an Inventory of the Estate Assets
3. A notice to heirs affidavit called a 128A
The Notice to Creditors is a notice published in a local newspaper in the County in which the probate proceeding is taking place.
The Inventory of the Estate Assets(not no probate assets) is a detailed listing of all of the assets that were owned by the Decedent as of the date of his or her death. This listing must be provided to the Court within 90 days after the Executor is appointed, and it informs the Court of those assets with which it should be concerned in the probate administration.
Finally, an interested party may file a Will contest, Will Challenge, Executor challenge, Demand for an accounting at any point during this process. Contests are controlled by time limitations.
