Losing someone you love is never easy. Aside from dealing with grief, you also need to formally process their will. While this step may be an emotionally challenging experience to partake in, learning about how probate works can help you prepare for its legal complexities.
Here are four frequently asked questions about probate in Texas:
My loved one left a will. What will happen during probate?
If your loved one left a will, the probate court will process its authentication to assess the document’s validity. After this, they will call on the will’s “executor” to formally begin their estate management.
During this court-supervised procedure, they will identify your loved one’s assets and estimated values, settle any of their outstanding bills, debts and taxes, notify their creditors and contact their list of beneficiaries to distribute their inheritance.
Where do I need to file my loved one’s will?
Probate cases in Texas are filed in the county clerk’s office. However, if you live in a county with a much larger population, you will need to file their will in the statutory probate court.
Keep in mind that you must file your loved one’s will within four years from their date of death. Failing to file it within this period can lead to significant legal complications for their heirs and/or charitable beneficiaries.
What is a small estate affidavit (SEA)?
If your loved one’s estate assets amount to less than $75,000 and their debts are not larger than their assets, you may be able to submit a sworn written statement that can help you settle their estate’s affairs and distribute their inheritance outside of probate.
However, it is ideal to consult with an estate planning attorney first before you create your document and file it. This is because if the judge assigned to your case does not approve the SEA, you will not be able to reimburse your filing fees.
Which types of property are exempt from probate?
Any type of property or assets that have designated beneficiaries are exempt from probate. These include life insurance policies, retirement accounts, assets placed under a living trust, real estate property with valid transfer-of-death deeds (TODD) and payable-on-death (POD) bank accounts.
You are not alone on this journey
Understanding how probate works can feel overwhelming when you are dealing with a significant loss. However, when you find the right resources and receive your family’s support, you can make the process more manageable in your end.