What is probate?
Probate is a court proceeding to wind up the affairs of someone who has died.
The probate process in Texas is generally very straight forward and one driven by process determined by various probate options.
These options include:
When there is a Will
- appointing an independent executor who can handle all of the affairs of the deceased estate without court supervision (independent administration)
- creating an administration that requires court approval of every step (dependent administration)
- probating a small estate by an affidavit (small estate affidavit)
- filing a will just to transfer title to a home or other real property (muniment of title)
Without a Will
- appointing an independent administtrator who can handle all of the affairs of the deceased estate without court supervision (independent administration ) in conjunction with an Heirship Determination
- creating an administration that requires court approval of every step (dependent administration) in conjunction with an Heirship Determination
- probating a small estate by an affidavit (small estate affidavit)
- Affidavit of Heirship
There are restrictions regarding which option can be utilized so the input of an attorney who is familiar with Texas probate is critical.
Each estate is is unique. It is the "uniqueness" factors that will likely determine the best fit from the available probate options.
Schedule a consultation with Brett to discuss the available options that are well-suited to efficiently address the estate of a decedent.
ChrisLaw is here to file all necessary pleadings with the court and will you navigate the administration process.
Start to Finish. ChrisLaw is by your side.
