What Happens to a House in Probate in Texas? An Expert's Guide

When someone passes away in Texas, their real estate is subject to the Texas Probate Code. If there is no designated heir, the property is turned over to the courts and the next of kin is appointed as executor to sell the property. This process is known as probate and can be quite complicated. To help you understand the laws surrounding this process, here are some resources. It is usually necessary to contact an attorney if you have specific questions about probate.

There are writing guides and other professional-oriented resources available to provide practical help. Probate is the legal process that takes place after a person's death and involves verifying any legal will that has been left behind. If there is no will, the state of Texas will control the distribution of assets according to the law on intestate succession. An experienced probate attorney can help your family move forward smoothly during the weeks and months following the death of your loved one. It is possible to avoid dependent administration in an intestate estate, but you may need the help of a Texas probate attorney. The court will ensure that the decedent's wishes are fulfilled and distribute any remaining assets to their heirs. Many people who challenge a will in Texas never make it to court because mediation is suggested as a way to resolve conflicts with the probate system in Texas.

Before applying, it is best to check with the clerk of the county or counties where you think your estate should be processed. Even if the statute of limitations has expired, individuals can still request an inheritance determination or that the will be admitted as a minimum title, allowing the Texas probate court to assess which successors should receive distributions and in what amount. In most cases, you have four years from the date of death of the deceased person to file your will of succession. An application for probate must be filed with the appropriate Texas probate court in the county where the decedent resided. The county clerk will post a notice in court stating that a request for probate was submitted. Once all requirements have been met, the judge will admit the will and designate the applicant as executor of the estate. With this information, it should be easier to understand the typical process of legalizing a will in Texas.

There may be legal terms that are unfamiliar or unclear, so it is best to hire an attorney.

Kristie Funn
Kristie Funn

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