Basic Probate Process/Timeline if done within 4 Years

Key Terms

Will – A written document representing the instructions of the deceased for the distribution of his or her estate at the time of death

Testate – If you die with a will

Testator – The “maker” of the will

Estate – All real and personal property held at the time of the decedent’s death

Decedent – The person who died

Executor (Male) or Executrix (Female) – The person appointed in a will to manage the probate of the estate and who reports to the court

Beneficiary – Anyone who receives benefit from someone else’s estate, whether by trust or a provision in the will

Outline of the Basic Steps

1. Consult with an Attorney

   • During this consult we will gather all necessary information (address, date of birth, social security number, driver's license number, certificate of death, original will, etc.) to be able to draft and file the application to probate the will with the court.

2. Filing the Application

   • An application to probate a will must be filed in the appropriate court in the country where the decedent was domiciled or, if the decedent didn’t have a fixed place of residence in Texas, then the county in which the principal estate was located or county in which the decedent died.

3. Posting/Waiting for Hearing

   • After the application is filed, depending on the county, there will be a one-to-two week window to receive a hearing date from the county clerk. During this time, the clerk will also post a required notice at the courthouse that states an application was filed. One of the purposes is to serve as notice to anyone who may come forward to contest the will.

4. Hearing

   • Once a hearing date is set, the probate Judge will preside over the hearing and will formally acknowledge the decedent’s death, that the decedent had a valid will, and verify the individual named as the executor/executrix in the will. Upon naming the executor/executrix, the court will provide Letters of Testamentary which allow the named to act on behalf of the estate. 

5. Notice to Beneficiaries

   • Assuming the decedent had a valid will, we will formally notify the beneficiaries of the estate that we are representing the executor/executrix and that an application has been filed with the county.

6. Notice to Creditors

   • Per statute, Creditors must be notified of the decedent’s death by the estate’s executor/executrix and given the opportunity to file claims against the decedent’s estate. Decedents often leave behind unpaid debts which include mortgages, motor vehicles, credit card bills, medical bills, etc. This notice can be published in the newspaper in the county where the decedent domiciled prior to passing away. Once the newspaper publishes the notice, a “Publishers Affidavit” is then produced and can be filed in the county court to satisfy statute requirements. 

7. Inventory, Appraisement and List of Claims

   • After an executor/executrix is appointed by the court, they must make a report of the decedent’s assets at the time of their death. This report is called an Inventory, which is required to be filed with the county clerk within 90 days after appointment. In some instances, an “Affidavit in Lieu of Inventory” can be filed in place of the Inventory. For example, when an executor and the sole beneficiary of the estate are the same person and no debts are owed by the estate, an Affidavit in Lieu of Inventory can be submitted.

8. Transfer of Property and Finalization of Matter

   • All required documents are executed to transfer decedent’s property to the named beneficiaries.