What is the Probate Process?

The probate process is the legal process by which a deceased person’s estate is settled, including collecting (“marshalling”)assets, settling claims and debts, and distributing the net estate as provided in the will.

What happens when there’s not a will?

In most cases, the estate of a person who died without making a will is divided between their heirs, which can be their surviving spouse, uncle, aunt, parents, nieces, nephews, and distant relatives. If, however, no relatives come forward to claim their share in the property, the entire estate goes to the state.

Do I need a lawyer to probate a will in Texas?

Under the Texas probate state law, an attorney is not required to probate a will. However, it is important to note that a probate proceeding is a very detailed process that requires extensive knowledge of the law. For this reason, many people choose to obtain the services of a Texas probate attorney.

Can you probate yourself?

It is possible, and not uncommon, for executors to make a personal application for a grant of probate or letters of administration, rather than make the application through a solicitor or law firm. There are do-it-yourself kits available for all States and Territories. Email us today at probate@camodernrealty.com for more information. 

Can I sell my deceased mother’s house without probate?

If a house passed into your care through joint tenancy with a right to survivorship, or a transfer on death deed, you can legally sell it without going through probate. It’s best to let the court sort out the will, or consult with a probate attorney, or a real estate agent with probate experience.

For more information or if you have any questions, please call 281-229-1832 or email probate@camodernrealty.com.