Navigate Texas Probate Laws With Bineham & Gillen
Probating an estate can feel like a daunting task, but understanding the timeline and requirements in Texas can make the process more manageable. Bineham & Gillen specializes in estate planning and probate law, helping clients navigate this process with clarity and confidence.
In this blog, we’ll explain how long you have to probate a will in Texas, the types of wills in Texas and the key steps involved in probating an estate.
How Long Do You Have To Probate A Will in Texas?
In Texas, the probate process must generally begin within four years from the date of death. If the will is not probated within this timeframe, it becomes much more difficult to ensure that the estate is handled according to the decedent’s wishes.
In some cases, a court may allow the will to be probated after the four-year period if there is a valid reason for the delay, but it’s important to act promptly.
Types Of Wills in Texas
Understanding the different types of wills in Texas can help you determine what kind of probate process is required.
Attested Will
An attested will is the most common type of will. It’s a formal, written document signed by the decedent in front of at least two witnesses. This type of will usually goes through formal probate, which requires the will to be filed with the probate court.
Holographic Will
A holographic will is handwritten by the decedent and does not require witnesses. While these are valid under Texas law, they may face greater scrutiny in probate. The court may require additional evidence to verify the decedent’s intentions.
Self-Proving Will
A self-proving will is a will that has been notarized, making it easier and faster to probate. These wills can be attested or holographic. This type of will can speed up the process, as it eliminates the need for witnesses to testify in court, but it can still be challenged in some cases.
Living Will
A living will, while important, is not typically part of the probate process. This type of will acts as a healthcare directive to outline medical treatment preferences in the event of incapacitation. It usually doesn’t pertain to asset distribution.
Steps Involved In The Probate Process
Once you’ve determined the type of will and are within the legal timeframe to probate it, the next step is to understand the process. Here’s a general overview of the steps involved:
- File the will with the court — The first step is to file the decedent’s will with the probate court in the county where they lived. If there is no will, Texas law determines the distribution of assets through intestate succession.
- Appoint a personal representative — An executor is responsible for managing the estate, paying debts and distributing assets. If no executor is named in the will, the court will appoint someone.
- Notify creditors and pay debts — The executor must notify creditors of the estate and pay any outstanding debts. These debts can include taxes, medical bills and other obligations.
- Distribute assets — After debts are paid, the leftover assets are distributed according to the will or Texas’s intestate laws.
What Happens If You Miss The Four-Year Window?
If you fail to probate the will within four years, the court may refuse to allow the will to be admitted to probate. In such cases, the estate may be administered under Texas’s intestate succession laws, which distribute the decedent’s assets based on family relationships rather than the decedent’s wishes. This can result in complications and disputes among family members.
What To Do If You’re Ready To Probate An Estate
If you’re ready to probate an estate or have questions about the probate process in Texas, Bineham & Gillen is here to help. Our San Antonio estate planning attorneys can guide you through every step of the process. We ensure the estate is handled according to the decedent’s wishes and Texas probate laws.
Get Help With Texas Probate Today
Probating a will in Texas is a legal process that must be done within a specified timeframe. It’s crucial to begin the process as soon as possible to ensure that the estate is properly administered.
Our local attorneys can help you understand your rights and responsibilities involved in probate, making the process smoother for you and your family. If you need assistance navigating the complexities of probate law in San Antonio, contact Bineham & Gillen today.
