How2Day: Texas Probate Checklist

In Texas, an estate consists of all of the assets owned by someone at the time of their death. Cash, real estate, stocks, bonds and life insurance are examples of assets. The probate process refers to the process in which the Court recognizes that person's death and authorizes the administration of that person's estate.

An application for probate must be filed in a Texas Probate Court regardless of whether the decedent died with a will or without one. Once the application has been filed, Texas probate law requires that you wait two weeks before you can have a hearing on the Probate Application for the Court to determine if it's necessary to open the Administration of the Estate and/or to determine the validity of the decedent's will.

Once the waiting period has passed, a hearing is conducted by the Probate Court to recognize that the deceased has passed, the court has jurisdiction over the case, the person applying to be the executor is qualified to serve and that the deceased died without a will or the will left was valid.

Texas Probate Code requires that each executor or administrator is required to publish a Notice to the Creditors and file an Inventory of the Estate Assets. The Notice to the Creditors is published in a newspaper in the county in which the probate is pending. The notice informs any creditors of the deceased that the probate process has been initiated.

The Inventory of the Estate Assets is a detailed listing of all assets owned by the deceased as of the date of his or her death. The listing must be provided to the court within 90 days after the executor is determined.

Any assets remaining after payment of debts and expenses are distributed to either the beneficiaries as determined in the will or to the heirs as determined by the court if no will exists. In the event that family members of the deceased fight over the assets of the estate, the Court will hear the dispute and resolve any matters.

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