Do All Estates Go Through Probate?
Not all estates require probate. Small estates may qualify for simplified procedures like a SMALL ESTATE AFFIDAVIT or MUNIMENT OF TITLE. Estates that consist of personal property and assets held in joint tenancy with right of survivorship, payable-on-death accounts, or living trusts may bypass the probate process.
How Do I Know If I Need To Probate a Will or an estate?
If the decedent left assets that need to be legally transferred to beneficiaries or heirs, probate is often, but not always necessary. Consulting with an attorney is the best way to determine if probate is needed.
How Long Does Probate Take?
The duration of probate can vary widely. In Texas, it typically takes between six months to a year, but complex estates or litigated estates take longer, and can a year or more.
What if the Will is contested?
If someone challenges the validity of a will, a contested probate proceeding occurs. Common reasons for a will contest include allegations of undue influence, lack of capacity, or fraud.
What Are the Duties of an Executor?
The executor is responsible for:
- Filing the will with the probate court.
- Notifying beneficiaries and creditors.
- Gathering the assets.
- Managing the estate's assets.
- Preparing an inventory of the property.
- Paying debts and taxes.
- Distributing assets according to the Will.
Can Probate Be Avoided?
Yes, probate can be avoided through estate planning tools such as:
- Trusts.
- Joint ownership of property with right of survivorship.
- Designating beneficiaries on accounts.
- Payable-on-death (POD) and transfer-on-death (TOD) designations.
What Happens If Someone Dies Without a Will?
If someone dies without a will (intestate), Texas law determines how their assets are distributed. Typically, assets go to the closest relatives, such as a spouse, children, or parents.
How Are Debts Handled in Probate?
Debts should be paid from the estate before any assets are distributed to beneficiaries. The beneficiaries typically are not responsible for the debts of the deceased. The executor must notify creditors and settle all valid claims.
What Are the Costs Associated with Probate?
Probate costs can include court fees, attorney fees, executor fees, and other administrative expenses. These costs are typically paid from the estate's assets.
Can an Executor Be Removed?
Yes, an executor can be removed by the court if they fail to perform their duties, act dishonestly, or are otherwise unfit to serve.
Contact a Probate Lawyer in Longview, Gregg County, Texas Today
We are here to help you with your estate plan so that it survives any challenge during probate. If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact Adams, King, & Smith either online or at (903) 757-3331 to schedule a FREE CONSULTATION FOR WILLS, PROBATE OF A WILL, OR ESTATE PLANNING TO INCLUDE TRUSTS with our estate planning lawyer today.