Decatur Family Law and Probate Attorney

Probate of a will: What is needed under state law?

On Behalf of | Apr 12, 2023 | probate administration

Probate is an essential part of the process after a person has died and their assets must be distributed. In Texas, there are certain requirements based on the law that must be met for the will to be probated.

Some of these requirements are the same in every case, but others hinge on the way the will was created and executed.

From the creation of an estate plan all the way through probate, it is important for people to have professional advice. First and foremost, knowing the legal procedures is key.

There are specific rules for a will to be probated in Texas

After a person dies, the court must see certain facts before the will can go to probate. Naturally, the testator must be shown to have died. The will must be probated within four years of the testator’s death and the application for probate. It must be filed in the appropriate court based on jurisdiction and venue of the estate.

There are other requirements for the will to go to probate. It must be shown that the will is still in effect and has not been revoked by the testator. If the will is not self-proved – written in the deceased person’s handwriting – it must have been executed based on the law for validity. The person must have been at least 18, of sound mind, married at the time or married previously, or a member of the U.S. Armed Forces.

Probate is a vital part of the estate planning process and people may need help

The aftermath of a person’s death is difficult before even thinking about the legal aspects such as dealing with their estate plan and moving forward with probate. The estate plan is put in place to ensure the person’s property goes where they want it to go, but there are other relevant factors with probate.

Their debts will be paid and their assets distributed. Since this can be so confusing – particularly as people are grieving and thinking about the future – it is critical to understand state law regarding probate, what must be done and the time limits to do it.

Mistakes can be costly in multiple ways. Contacting professionals who can be trusted to explain probate and provide other forms of assistance can be helpful with a smooth process and addressing challenges as they arise.