Southlake Probate Lawyer

Guiding You Through the Probate Process

Probate is the legal process of administering a deceased person's estate. If you have been named the executor of a loved one's will, you will likely need to go through the probate process. Even if the deceased did not leave a will, the estate will still need to be probated.

At the Law Office of Mark M. Childress, we understand how important it is for you to get through the probate process as quickly and efficiently as possible. Our Southlake probate lawyer is highly experienced in all aspects of probate law, and we are ready to put our knowledge to work for you.

To schedule a consultation with our skilled probate attorney in Southlake, please contact us today at (817) 497-8148.

What is the Purpose of Probate?

Probate is the legal process by which a deceased person's estate is administered and distributed under the supervision of the court. It involves proving in court that a deceased person's will (if they had one) is valid, identifying and inventorying the deceased person's property, paying debts and taxes, and distributing the remaining property as the will (or state law if there is no will) directs.

In Texas, the probate process typically follows these steps:

1. Filing an Application for Probate: The executor named in the will, or an interested party, files an application for probate in the county where the deceased person lived. This starts the probate process.
2. Notification to Heirs and Beneficiaries: Notice of the probate proceeding must be given to all heirs and beneficiaries named in the will.
3. Probate Hearing: The court schedules a hearing to validate the will and appoint an executor or administrator to manage the estate.
4. Inventory and Appraisal: The executor or administrator compiles an inventory of the deceased person's assets and obtains appraisals if necessary.
5. Payment of Debts and Taxes: The estate's debts, including funeral expenses, taxes, and outstanding bills, are paid from the estate's assets.
6. Distribution of Assets: Once debts and taxes are paid, the remaining assets are distributed according to the terms of the will or Texas intestacy laws if there is no will.
7. Final Accounting and Closing: The executor or administrator submits a final accounting to the court detailing all transactions involving the estate. Once approved, the court issues an order to distribute the remaining assets and officially closes the probate case.

It's worth noting that in Texas, there are simplified probate procedures available for small estates or estates with no real property. Additionally, some assets, such as those held in a trust or with named beneficiaries (like life insurance policies or retirement accounts), may bypass probate and transfer directly to the designated beneficiaries.

How Long Does Probate Take in Texas?

Probate can be a lengthy process. The length of time it takes to probate an estate will depend on several factors, including the size of the estate, the complexity of the estate, and whether any disputes arise. In Texas, the probate process typically takes at least six months, but it can take much longer, especially if the estate is large or there are any disputes.