Call Now At (979) 300-6771
Where you file for probate depends on the county you’re in. For instance, if you’re in Brazos County, you’d file with the district clerk’s office. From there, you’re assigned a cause number. It could be County Court at law number one or County Court at law number two in Brazos County. Anyone interested in the estate or who wants to clean up can file a motion to have a decadence probated.
This process typically starts with a legal notice to notify creditors and beneficiaries during probate. As your attorney, I would contact the local newspaper and submit a formal notice. The newspaper would then publish this notice, usually for a specific period as required by law. Once published, the newspaper will provide proof of publication. This proof is your documentation that creditors have been notified of the probate process and can come forward to make claims on any debts owed by the estate. This step ensures that all creditors are properly informed within the given timeframe.
After probate is filed, you need to give any creditors involved proper notice and wait for the required period for them to submit claims against the estate. Once that timeframe has passed, an attorney ad litem may be appointed to investigate whether there are any unknown heirs. When the ad litem completes their investigation and confirms there are no such heirs or potential claimants under the laws of intestacy, you can then move forward with the process. At this point, assets can be distributed according to the will, or if there is no will, the appointed estate administrator will distribute assets in line with state law. Throughout this process, it is important to maintain an inventory of the estate’s assets, which will need to be filed with the court at a later date.
If there is no will for the deceased, probate still occurs under Texas law, following the state’s intestate succession laws. These laws, outlined in the Texas Estates Code, dictate how the assets will be distributed based on a predetermined formula. Let’s break this down with an example:
If the deceased was married with children, the surviving spouse will typically inherit all community property and one-third of the deceased’s separate personal property like jewelry and furniture while the children inherit two-thirds of the separate personal property.
On the other hand, if they were married and didn’t have any children, the surviving spouse would inherit all community property and separate personal property, but separate real property, such as real estate, may be divided between the spouse and the deceased’s parents or siblings.
If they were not married and had children, all property is inherited equally by the children.
For more information on Filing For Probate In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (979) 300-6771 today.
Fred Medina of The Law Office of Fred A. Medina PLLC in Texas has helped families navigate the probate process for years, including cases with complex asset and creditor considerations. His acumen in Texas probate law allows him to guide clients through every step, from filing to distributing assets according to the will or state law. Fred’s experience means you'll stay informed, minimizing stress in an incredibly challenging time.
If you’re ready to start the probate process or need guidance, reach out to discuss how Fred can assist.
