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How do people start the probate process in Texas?

On Behalf of | Aug 31, 2022 | Probate |

People in Texas may agree to be an executor of a will for a number of reasons, but usually it is because they are close to the person asking them. It is usually not because they have any specific knowledge of their responsibilities as an executor.

Executors’ main responsibility is to settle the estate. This means that they need to gather all of the assets of the deceased. They need to also pay any creditors that the deceased may owe at the time of their death. After these two tasks are finished, they must finally distribute the remaining assets according to the wishes of the deceased as stated in their will.

To ensure all of these tasks are accomplished correctly, the estate must go through probate. A judge oversees the entire process. It is also necessary to give the executor the authority they need to accomplish the tasks they need to complete. Therefore, the first step that personal representatives should take is to start the probate process.

Process for starting probate

First executors need to file the Application for Probate with the court. After the application is filed, there is a two-week waiting period before a hearing is scheduled. The fact that the probate has been started is posted by the court during this waiting period. A hearing will be held after the waiting period and at the hearing, the judge will officially appoint the executor and accept the will into probate. This officially starts the process and allows executors to do their jobs of settling the estate.

Probate can be a complicated and time-consuming process for executors in Texas. They are asked to complete a number of tasks that they have little knowledge about when they start the process. However, it is still their responsibility to settle the estate and the probate is handled correctly. Experienced attorneys understand probate and may be able to guide one through the process.