Does A Will Have To Be Probated In Texas?

Dallas, Texas Probate

When Would Probate Not Be Necessary?

 There are a few occurrences where some assets can be easily transferred over from a person’s estate to family members without the probate process. For example:

• Community property that entails the right of survivorship
• Joint tenancy property or real estate that entails a right of survivorship
• Bank accounts that are payable-on-death
• Life insurance policies that name beneficiaries
• Any survivor benefits that result from an annuity
  

What Is Probate?

Probate is a procedure in which a person’s Last Will and Testament are offered to the court for the court to open an estate and appoint an executor or administrator. The court decides whether the estate can be processed independently of the court’s scrutiny or dependent on the court for them to oversee the entire process. Afterward, the court will then instruct the executor or administrator to work with a lawyer to identify the assets and liabilities, ultimately distributing the estate property to the beneficiaries named in the Will. It is expected that most estates in Texas undergo a probate administration proceeding.

Furthermore, some estates may be exempt from probate procedures depending on how the assets in question are owned. There is a chance that some estates may qualify for simplified probate proceedings. Overall, it’s best to consult with an attorney for legal advice if you’re unsure what aspects of Texas’ probate code are required in order to abide by for a given Will.

Once someone submits a decedent’s Will to the court, the probate process begins. This is when the court will seek validation of the said Will. After the Will has been deemed valid, the probate court appoints someone to administer the estate and oversee the probate process, also known as an “independent executor.”

In many cases, the executor will be named in the original Will. Once an administrator has been appointed, they must inform all the decedent’s creditors of the passing by providing proof of a death certificate. They will then be required to pay off all valid claims and distribute the remaining real property following the Will.

Must Know Legislation Concerning Trade Secret

This process would be considered a relatively inexpensive way to transfer and divide estate assets when a valid Will is available. The muniment of title process can be utilized within Texas probate proceedings when:

•  A valid Will is present
• The decedent has no unpaid debts, except involving the homestead or other exempt property
• There is no Medicaid claim associated with the estate related to the recovery of benefits
• Muniment of Title is a legal document showing evidence of an asset’s ownership.

Heirs of an estate can file for the probate of a Will through Muniment of Title. The court will be asked to recognize that the properties in the estate pass to the beneficiaries under the Will according to its terms and request that the property titles be transferred to them.

The process of Muniment of Title offers a streamline that bypasses the typical administration of a Will—presenting a Will before the probate court is a way for the parties to ask the judge to recognize them as owners of the properties designated to them and that no other court action is necessary on the estate. If this is the case, the Will acts like a deed proving ownership over a particular property.

Probating a Will as a Muniment of Title is the easiest, most cost-efficient method of settling the decedent's estate.

Additional Probate Focus 

Do I Need An Attorney?

How Long Does Probate Take?

Do I Have To Probate A Will In Texas?