Probate of a will

Probate

From the application to letters testamentary.

• Application. Filed in the county of the deceased's residence, with the original will. The court posts notice for a statutory period before a hearing may be held.
• The hearing. Brief and usually uncontested. The applicant testifies to the basic facts, the will is proved — instantly if it is self-proved — and the executor named in the will is appointed.
• Oath and letters testamentary. The executor takes an oath and the clerk issues letters, which is the document banks, title companies and government agencies will want to see. Order several certified copies at once.
• Notice to creditors. Published notice, and direct notice to secured creditors within statutory deadlines.
• Notice to beneficiaries. Required within a set period after the will is admitted, with proof filed at the court.
• Inventory, appraisement and list of claims. Due within ninety days of appointment. In many independent administrations an affidavit in lieu of inventory can be filed instead, keeping the family's asset list off the public record.

Then the actual work

Securing and insuring property. Opening an estate account and consolidating assets. Dealing with debts, including the ones that should not be paid — Texas gives creditors a classified order of priority and paying the wrong claim first can leave an executor personally exposed. Filing the deceased's final income tax return. Selling property where the will permits it. Distributing to beneficiaries and obtaining receipts and releases before closing.

When there is a will but complications

The named executor has died or does not want to serve. The original cannot be found. The will was signed in another state or another country. There is a later will nobody expected. An heir cannot be located. Each of these has a procedure, and none of them is a reason to abandon the will and treat the estate as intestate.

Common questions