Probate literally means "to prove" a Will in Court. It is the process by which property is transferred from a decedent's estate to his or her beneficiaries. This includes determining what property is owned by the decedent, appointing an executor or administrator of the estate, paying any taxes or debts that the decedent may owe (including probate costs) using funds from the estate, and distributing all property which remains to the proper beneficiaries.

Probate may not be necessary, especially if the deceased did not leave significant property to be disposed of or if the assets are small in value. The survivors may decide to probate the estate if there is considerable property to be transferred or if there are debts owed to creditors. In addition, certain assets are distributed outside of probate. In some cases, there may be shortcut methods to avoid a complete administration of the estate.

No. In most cases, probate is simple and relatively inexpensive.

If there is a Will, the basic steps of probate are:

• Filing an application for probate with the court
• Attending a hearing to prove the will and related facts and to appoint an executor
• Posting notice to possible creditors of the estate with a local newspaper
• Filing an inventory of the decedent's assets

We can probate most estates in Dallas or Collin County for approximately $2,000, including Court fees and related expenses. Certain circumstances such as insolvent estates may involve more time and expense.

The length of the probate process differs depending on the size and complexity of the estate. In Texas, the minimum time an estate will likely be open is probably from two months to a year; possibly more if the estate requires real property such as a home to be sold and the buyer to close escrow.

Yes. In Texas, a will must be submitted for probate within four years of the date of death. If more than four years have elapsed since the date of death, probate may still be possible, but a more complicated procedure is required.

A will does not always exist, or is not always available. For this reason, laws are established in Texas to deal with the orderly distribution of assets to those who are entitled to inherit them. A modified probate procedure referred to as Determination of Heirship is used to determine who the lawful heirs to the estate are, and the estate is distributed in accordance with a distribution plan set out by state law.

Letters testamentary are documents issued by the court indicating the authority of a person, bank, or organization as executor or administrator of an estate. Certified copies of the letters are often required by banks, other financial institutions, and title companies in order to transfer money, assets, or title to real property. In the case of Independent Administration, letters are issued upon request by the Court at any time after the executor or administrator is appointed.

If there is a Will, then in most cases, the executor named in the will handles the probate. If there isn't a will, or the will does not name an executor, the probate court names someone (called an administrator) to handle the process. Usually the job goes to the closest capable relative or the person who inherits the bulk of the decedent's assets.

Assets which pass outside of probate include the following:

• Investment accounts where ownership is registered as "tenants by entirety" or "joint tenants with right of survivorship"
• Retirement accounts with a designated beneficiary other than the deceased's estate
• Insurance policies with a beneficiary other than the estate
• Accounts registered as paid on death (POD) that have a designated beneficiary other than the estate
• Certain trust documents

A procedure can be undertaken in Court to appoint a person, called a guardian, to care for the person and/or property of a minor or incapacitated person, referred to as the ward. An incapacitated person, as defined by the Texas Probate Code, is essentially an adult who, because of a physical or mental condition, is substantially unable to care for his or her own physical health, or to manage his or her own financial affairs.

In order for a title company to change the name on the deed, the decedent's estate must be probated, using the appropriate procedure. This offers proof to a title examiner or title company that the person who owns the deed has died and identifies the lawful beneficiaries of the property.

The probate process ends when all taxes or debts that the decedent may owe are paid with funds from the estate, the beneficiaries receive their proper share of the estate, and the executor or personal representative is released from further responsibility for the administration of the estate.

An Independent Administration is used when a person dies leaving a valid Will which follows the requirements of law and appoints a person to act as independent executor to serve without bond. Read more on Independent Administration.

An Heirship Determination is used when a person who owns real or personal property in Texas dies without a will and there has been no administration of the estate. Read more on Heirship Determination.

A Muniment of Title is an abbreviated procedure which can be used when a person leaves a will and real or personal property which needs to be distributed, however there are no debts which are not secured by real estate and there is otherwise no need for administration of the estate. Read more on Muniment of Title.