What Is Probate In Texas

Robert Ray

The process for probating a will in Texas is for the proponent of the will to contact a lawyer to file it for probate with the county clerk. The clerk then post notice of the filing on the courthouse door (usually just a wall in the hallway) and serves process on those entitled to process. If you are not entitled to receive personal service, your notice is the notice that is posted on the courthouse wall. Once filed, the will is a public document and anyone can get a copy. There is no reading of the will.

Usually, after the notice has been posted on the courthouse door for a short period of time, the county judge has a hearing. Some small counties have the hearings very quickly while some larger counties take longer to set the hearing. At the hearing, the judge reviews the application in open court, hears testimony from the proponent of the will that the will is the last will of the decedent and, if no contest has been filed, admits the will to probate by signing an order. When the judge signs the order admitting the will to probate, the statute of limitations start to run on those who oppose the will to challenge the will by filing a will contest. If a person is contesting the will, he must contest it within two years of the date the judge admits the will to probate. It is better practice to file a will contest before the hearing where the judge admits the will to probate. You can also file a will contest before someone else files the will for probate.

With certain exceptions, a will has to be filed for probate within four years of the death of the testator. A will contest must be filed within two years of the date the will was admitted to probate. That is, two years from the date that the judge signed the order admitting the will to probate.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Bill of Review

Bill of Review

Bills of Review in Texas When a case doesn't turn out the way you want in the trial court, you appeal to the court of appeals. But what can you do if you didn't know about the case or didn't learn of a trial setting until an appeal was too late? A bill of review...

Problems filing in the wrong court

What happens if you miss-file your claims When a case or claim is filed in the wrong court, you may lose your claim without being heard. If your case is dismissed after the statute of limitations has run, you are out of luck no matter how good your claim was....

Read About A Muniment Of Title In Texas

Muniment of Title means to probate a will quickly and cost-efficiently when there is no need for administration of the estate. A court may probate a will as a Muniment of Title if the court finds that the will should be admitted to probate, that there is no need for...

Find Out Who is an Interested Party for Probate Purposes?

The Texas Probate Code defines "interested persons," in relevant part, to be: children, heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered . . ." In order to contest a will, you must be an...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This