Texas Probate and Related Proceedings

The Texas probate system is relatively expedient and economical. In Harris County, Texas, there are four (4) probate courts, which are located in downtown Houston. The term "probate" generally refers to the process by which a court determines that a valid will for a Decedent exists and an executor of the estate presents the will to the court for administration. The proceeding can be done through several means. The independent administration takes approximately five (5) to six (6) months to complete.

The Probate Proceeding

The means by which a will can be probated include:

probate by independent administration
probate by independent administration with will annexed
probate by dependent administration
probate by dependent administration with will annexed
probate as muniment of title
probate by ancillary administrator
probate of will and order of no administration

The means by which the probate is performed depends on, among other things, whether an independent executor has been appointed, whether a bond is required, the type and value of assets within the estate, the existence of creditors, and the location of those assets.

The probate proceeding is commenced with the filing of an application with the court. The application is then posted as required by law and a hearing is held to obtain letters from the court. The executor or administrator then takes the steps to marshal and distribute the assets of the estate to the beneficiaries.

Alternatives to Probate

There are alternatives to probate. These include: the affidavit of heirship, the small estate affidavit, informal family agreements, and summary proceedings for an estate. The use of these alternatives depends upon whether there is a valid will, whether there are witnesses sufficient to identify the Decedent and heirs, the type of assets within the estate, whether there are creditors to the estate, and the willingness of the heirs to cooperate amongst themselves.