Initiating the Probate Process

Initiating the probate process is actually quite simple. Whether or not the Decedent died with a Will, filing an application for probate in a Texas Probate Court is required.

As soon as the application is filed, Texas probate law states that you must wait about two weeks before you can have a hearing on the Probate Application. This means you have two weeks for the Court to determine the necessity to open the Administration of the Estate and/or to recognize the Decedent’s Will as “valid.”

During the two-week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to any individual who may want to challenge the Will or administration, that they have a certain number of days to take such action. If they fail to file their contest within that time frame, the Court can proceed in opening the administration and/or recognizing the validity of the Will.

Once the waiting period has expired, a hearing will be conducted before the probate judge.  At that time, the judge will recognize that either the Decedent died without a Will or that the Will they left was valid.

The local rules of most of the Courts hearing probate cases in Texas require that a person applying to administer an estate or admit a Will to probate must be represented by a wills and probate attorney. Because the Executor has important duties to all of the beneficiaries and heirs of the estate, the Courts want to be certain that they are properly advised as to their obligations and duties as the Executor.

The complexities that can be presented in the probate process (especially when someone dies without a Will) can be very hard and time consuming to properly address. It is because of this that Arguello Law Firm advise you to take care in hiring an experienced, proven Texas wills and probate attorney who can competently guide you through the probate process. Call 1-888-252-4668 now and our wills and probate lawyers will make sure you are guided through this process with ease.