In Texas, the administration of an estate, known as Probate, is a relatively trouble-free process if you have all of your documents and follow the proper procedures.
Probate is a Latin term which means “to prove”, so to probate a Will simply means to prove that the Will is valid. Once the Will is offered and admitted as a valid Will, the executor named in the Will must be approved by the Court. The executor then files an oath and initiates the process of administering the estate.
Texas has an administration process that is one of the simplest in the nation. This process is known as “independent administration”. With this independent administration, there is no court involvement other than proving the Will is valid, appointing an executor, and filing with the court, an inventory of the assets that pass under the Will. The executor handles all matters independent of court supervision, and does not need Court permission to sell property, distribute assets, pay expenses, or do anything that might come up in a regular administration of an estate. The ability to avoid asking the Court for approval of anything the executor needs to get done saves a lot of time and money.
This executor still have to follow some guidelines set by the Court. The executor must adhere to the laws of the State of Texas and the terms of the Will. The executor must exercise due care in the administration of the estate or could result in be liable for his or her negligence. Assuming the executor receives good legal advice, and does not try to personally benefit from the role overseeing the estate, there should not be any problems with the administration.
The length of time to administer an estate can vary depending upon the specific facts surrounding each estate. Problems between beneficiaries, title or tax issues on real property, missing assets, etc. can all lead to an increase in the time it takes to administer an estate. An estate without any problems, which is very clean as far as title and tax issues go, and with no issues between beneficiaries can typically be finalized in one to four months after the Will is admitted and the executor appointed. As always, there are no guarantees and what may appear to be a simple estate may quickly become complicated.
For most people, probate is much simpler in Texas than in most states. Feel free to contact me to discuss your particular probate situation.