FAQ: Understanding Probate And Estate Settlement In Texas

In This Article, You Will Discover:

• How you benefit from retaining a probate and estate planning attorney.
• When you must settle your probate and estate.
• Why a will might be contested.
• and more…

How Long Do People Have To Settle Their Estate In Texas?

You have four years to file probate, though there are notable exceptions to that rule.

Regarding handling the state, there are no strict timelines, and as long as nobody is upset about the pace of the process, you can take as long as you want. Generally, after a little over a year, the heirs can start complaining, and the court can ask questions once probate is filed and established.

Is A Probate And Estate Planning Attorney Necessary In Texas?

Under Texas law, you must have an attorney if you are going through probate because the personal representative is not the estate, and the estate is not a person.

You can try for a small estate affidavit or an affidavit of heirship without an attorney; however, it is hit-and-miss. We have clients who decide they want to try that route, and we warn them ahead of time that it may not be feasible for their situation, or they may end up paying more.

For example, if you do a small estate or affidavit of heirship and try to sell a property, the title company may decide they don’t want to accept it. Then you have to get probate done after already spending time and money.

When It Comes To Probate, How Can An Experienced Texas Probate Attorney Help?

Outside of the requirement to have an attorney during probate, retaining a Texas probate attorney benefits clients by:

• Handling court matters properly
• Completing publications
• Filing documents with the court on time
• Ensuring the hearing runs as intended
• Preparing the inventory
• Answering all questions regarding the process and preparations
• Assuring that banking and other institutions provide the necessary information
• And much more…

The Law Office of Richard Cahan does our best to handle every step of the way, guaranteeing a smooth experience.

What Are Some Reasons A Probate Or A Will Would Be Contested In Texas?

Probate and wills are not contested often. The few our firm has seen stemmed from those who claim the testator signed the will without having capacity. If they had some known dementia or similar diagnosis, former heirs or beneficiaries may scrutinize a new will.

Who Can Legally Challenge A Will Or Contest A Probate Matter?

To contest a will, you have to be impacted; you have to be somebody who would have benefitted otherwise.

How Long Can You Go Back And Challenge A Probate Or A Will?

You have two years from the date the will is admitted to probate to file a Bill of Review, which includes a contest provision.

With the guidance of a skilled attorney for Probate Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Probate Law in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.