Probate Attorney Lawyer Corpus Christi Free Initial Consultation

Probate

What is Probate?

Probate is defined as a legal proceeding that is used to wind up a person's legal and financial affairs after death. This process can take a matter of months or even a number of years to be completed.

Where Does Probate Occur?

Your Will is probated in a Court of the Texas county in which you live at the time of your death. If you own property in another state, another probate proceeding may be filed in that state and county. In Nueces County and the surrounding areas, probate proceedings are conducted in the County Court at Law for the county where the decedent lived.

What assets are subject to probate administration?

Most assets owned by you in your own name, not in trust or with a beneficiary designation such as life insurance, are subject to probate.

How is the Will probated?

The following is a very simplified outline of the general probate process for Independent Administration:

1. The original Will is attached to a Petition and filed with the Court, typically by the Executor named in the Will.

2. A hearing is scheduled to prove up the Will and appoint the Executor(s). The Executor is then sworn in. Executors (also known as Administrators) are commonly referred to as Personal Representatives, so from this point forward, we will refer to Will Executors and Administrators simply as Personal Representatives.

3. A Notice to Creditors is published in a newspaper of local circulation.

4. For a fixed period from the date of publication, creditors of the Estate may file claims against the Estate. This would include any prior creditors or judgment holders, including debts resulting from last illness, funeral expenses, taxing authorities, etc.

5. During this time period, the Personal Representative must identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative must maintain the assets in good condition, and collect income for the Estate. Maintenance duties include but are not limited to maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc.

6. Within 90 days following appointment of the Executor, the Executor files a detailed accounting with the Court setting forth all assets of the estate at the date of death.

The minimum amount of time that the probate process can be completed is approximately 60 days, but it typically takes longer. Reasons for delays can include Will contests, failure to qualify for Independent Administration and difficulty locating beneficiaries, etc. This is among the reasons why it is important to have an experienced probate attorney; it reduces the chances of complications during the probate process.