What every Texas resident needs to know about Texas law... before it's too late.

1. A Guide to Texas
Probate Law
What Every Texas
Resident Needs to
Know About
Probate Law
Before It’s Too Late

2. What is A Probate Attorney?
❖ When an individual dies, the
friends or family members of
that person must properly
administer his or her estate.
❖ The laws surrounding the
administering of an estate have
become increasingly complex in
recent years.
❖ A Texas probate attorney helps
the family sort through legal
issues surrounding the estate.

3. What Happens When No
Will is Left?
Under Texas probate law, a
will determines how an
individual’s assets are divided
upon his or her death.
If an individual did not leave
a will, Texas laws of intestacy
are enacted in order to
determine who receives
which assets of the estate.

4. After an Estate Application
is Submitted to the Courts:
❖ A hearing is set
❖ A judge then rules on all
matters pertaining to the
estate.
❖ The heirs to the estate
work closely with the
executor of the estate, the
Texas probate attorney
hired to represent the
estate, and the judge
assigned to the matter.

5. Three Types of Texas Probate
Texas Probate Type #1
Dependent Administration
of a Probate:
A judge must approve all sales
of estate property, payment of
bills and taxes, or disbursement
of assets to heirs

6. Three Types of Texas Probate
Texas Probate Type #2:
Independent Administration of
a Probate
The Courts assign power to
the executor of the estate to
make any and all decisions that
must be made by the estate.

7. Three Types of Texas Probate
Texas Probate Type #3
Muniment of Title
This type of Texas probate
allows the will of the deceased
to be honored as a living
document years after the
individual’s death.

8. Understanding the Process of
Texas Probate
❖ The family files an application
with the county probate office
❖ There is a two-week waiting
period before a hearing on the
estate takes place
❖ A Texas probate judge hears the
case of the estate.
❖ The executor to the estate is
then typically appointed at this
time

9. Understanding the Process of
Texas Probate
The Texas probate judge
announces whether the will by
the deceased is valid
The judge accepts a list of all
properties and assets belonging
to the deceased
The judge determines which
individuals are heirs to the
property and assets belonging to
the deceased.

10. Understanding the Process of
Texas Probate
❖ Next, the Texas probate judge
handles any disputes involving
the property or assets of the
deceased.
❖ When there are disputes, the
probate judge listens to all sides
of the issue.
❖ The judge then makes a ruling as
to which individuals should
actually be heirs and which
should not.

11. Understanding the Texas Probate Process
Probate in Texas can be a complicated process. For
answers to your specific questions, visit:
http://www.fordmath.com/