Texas Probate Laws, Definitions and Timelines

Basics Of Probate in Texas

Probate is the official way of giving out the things that belonged to someone who passed away, to the people who should have them next. If you haven’t gone through this process before, it’s important to know that you have to do what the person who died wanted. This means you need to finish any jobs they said should be done and pay any money they owed. Even if you don’t know a lot about these things, this article will tell you the basic Texas probate rules.

What If Someone Doesn’t Want to Go for Probate?

In Texas, you can avoid the probate process by planning ahead. One way is by putting your things into something called a "living trust" and saying who should get them after you’re gone. This person is not the same as the one who had the things while they were alive. They only get the things after the original owner passes away. Sometimes, you can also skip probate in special situations. If you have bank accounts, investments, life insurance policies, or retirement fund accounts, you can skip probate by telling who should get them after you’re gone. When you show the organization a copy of your death certificate, these things will automatically go to the person you chose. If you and someone else own things together, like a house or other stuff, those things will automatically belong to the other person who’s still alive.

How Much Time Does Probate Take in Texas?

The time it takes to finish probate can vary for each situation and state. It depends on things like how big the estate is and where it’s located. The person overseeing probate, the executor, has to let the people who will get the stuff know about the papers they might have to fill out. If everything goes well and there are no fights or hard problems, it might take about 6 months to a year, or sometimes even longer, to complete everything.

Is Probate Required in All States in Texas?

Not all the stuff people leave behind has to go through probate in Texas. Special rules make the process simpler or different, depending on what’s there. For example, if someone who passed away had things in Texas worth less than $75,000 (not counting their car), there’s a faster probate way they can use. This helps move the stuff to the new owner more quickly. But if the person had things worth more than $75,000, they have to do the regular probate process. This means everything they owned needs to be officially listed and written down before it can be given to the new owner.

Is It Necessary to Go for Probate in Texas?

Yes. In Texas, probate is usually necessary unless everything someone leaves behind is not correctly written down. Most times, estates have to go through probate to make sure that the things are shared with the right inheritors in the right manner.

How Many Probate Courts Are There in Texas?

Cases about probate can be dealt with in different types of courts in a county. There are about 18 courts in Texas that are responsible for helping with probate cases. These courts are known as county courts, county courts at law, statutory probate courts, or district courts in specific counties.

What Is the Probate Code in Texas?

In Texas, there are special laws for probate. You can find these laws in the Texas Probate Code, section 205.001. The instructions for how probate cases are done can be found on the official website of the Texas Estate Code.