Texas offers multiple types of probate that cover different situations. These are four separate processes, and each works a little differently.
Regardless of the process that gets used, it is vital to work closely with a knowledgeable probate lawyer throughout the process.
#1) Independent Administration
Independent administration is the process that gets used when:
- A valid will exists
- An executor has been named
- The executor accepts their responsibilities
A probate lawyer can help an executor meet their many responsibilities.
#2) Dependent Administration
Dependent administration is the process that gets used when:
- A person dies without a will or dies without a valid will
- The court appoints an administrator
- The court approves each step the administrator takes
Administrators have certain responsibilities that executors do not, such as posting a surety bond before touching the estate. They must also file reports with Texas courts.
#3) Muniment of Title
Muniment of title is the process used when:
- A valid will exists
- The estate has no debts other than secured real estate, or more than four years have elapsed since the death f the descendent.
- Medicaid has no claims against the estates
In this case, the court may use the will as evidence of title to the assets of the estate. An heir may request a Muniment before an executor is appointed. To do this, you must file a sworn statement with the court within six months verifying that the terms of the will have been carried out.
As Texas probate lawyers, we can help you file a Muniment of Title should these conditions apply to the will in question.
#4) Small Estate Affidavit
A small estate affidavit is used when:
- The decedent has no will
- The value of the estate is $50,000 or less
This process allows the beneficiaries of the estate to skip the probate process by filing a Small Estate Affidavit. This allows the beneficiaries to collect their property much faster. It is not an automatic process. Firms like ours help Texan residents file small estate affidavits every day and can help ensure that the process is successful.
Get Help Today
While you technically do not need a probate attorney to probate a will, working with a lawyer can be very helpful.
Most people do not spend much time with the probate process, and it is unfamiliar to most. Working with us can help you ensure you do not miss vital steps, that you protect your inheritance, and that you meet all of your relevant responsibilities.
We can also help you contest a will if you have the basis to do so.Get help from our firm today. Call (713) 574-6080 today.
