Information about Probate and Small Estate Administration for Texas
Many people panic when they think of probate. You may have heard that probate is a horribly expensive process. As an attorney who handles probate matters in Austin Texas, I can tell you the probate process does not have to be a bureaucratic nightmare. The probate process can be a simple inexpensive process - not a giant problem. As a matter of fact, many estates are not complicated and do not need to go through a complicated probate process.
Probate of a Will in Texas
Probate of a Will is essentially a process to transfer title of assets and wrap up affairs of a deceased. Many people worry that this is an expensive process. Luckily, this is not true for Texas. The Texas probate process is fairly straight forward and typically involves little Court involvement with the deceased's estate. Normally, an "Application to Probate Will" is filed with the Probate Court in the County where the deceased person lived. Court interaction may be limited to one appearance in front of the Judge and the filing of some necessary paperwork. Most Wills identify an "Independent Executor" who is charged with handling the affairs of the deceased according to the terms of the Will. This person, the Executor, will be approved by the Judge and will then be be granted "Letters Testamentary". The "Letters Testamentary" is a kind of Court authorization to the Executor to wrap up the affairs and comply with the terms of the Will. Within 90 days of the date that the Executor is appointed by the Court, the Executor will need to file a list of assets and claims of the estate with the Court. Yes, some estates can be complicated and need more attention than others, however, the Executor and his or her attorney will typically be able to work through the probate process with little Court involvement. Click here to see the Travis County Probate Court's handout on probating a Will in Travis County, Texas.
Muniment of Title
When a person dies with a Will and there are no unpaid debts, except debts secured by a lien on real property (like a mortgage), there may be no need for administering the estate. Technically, the Will is submitted to a Court to be probated but the Court does not appoint an executor or administrator, and no formal Court ordered or authorized administration occurs. Muniment of Title is a very simple and efficient method of working through a Will. In short, a Judge basically declares the Will to serve as evidence of title for whatever assets there may be. Muniment of Title is a great, inexpensive, and fairly rapid method of wrapping up an estate with a Will. Note that it can only be used if there is one beneficiary such as where a spouse dies leaving everything to his or her spouse.
Small Estate Affidavit
Sometimes, an estate is small enough that it can be handled with a small estate affidavit. In general, this process can be used when there is no Will and no real property other than homestead. The gross value of the assets can not exceed $50,000.00. There is a little more to determining if this is the appropriate method for a small estate, but this can be an effective and inexpensive manner of closing a small estate.
Application to Declare Heirship - No Will
Many times people die without a Will. When someone dies without a Will and has real or personal property that needs to be settled by the family, an Application to Declare Heirship is filed with a Court. Essentially, the process identifies all proper heirs of the deceased. This can also be used when a person has some extra property that is not disposed of with a Will. One common misconception is that the State of Texas or some other government entity will actually take your money and assets when you do not have a Will. This is not generally true, however, the property will be distributed according to state law. (Click here to see a chart of property distribution without a Will in Texas) A Declaration to Determine Heirship will establish who are the heirs to receive the property. Click here to see the Travis County Probate handout on heirship determinations.
This is a short list of options in Texas for handling a deceased's affairs. Each case is different and each case will need to be evaluated to determine which method is best. If you need help with an estate matter, call us for an appointment. We will be happy to speak with you by phone to quote fees. If you are looking for a Probate Lawyer in Austin Texas, call us today at 512-441-9941.