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Yes, you can handle probate yourself if you feel comfortable with the process. The key is to be organized and informed about the legal requirements in Texas. By accessing the State of Texas gov forms for probate, you can find the necessary documentation to help you successfully navigate the probate landscape.
Usually, the executor can initiate the probate process in Texas. However, any person that has an interest in the estate may also begin the probate process.
Probate, General Forms Agreement as to the Advisability of Independent Administration (DOCX) Complete Small Estate Affidavit (PDF) Motion and Order for Release of Funds from Registry (PDF) Muniment of Title - Additional Requirements (PDF) Order Appointing Attorney Ad Litem (PDF)
An application for probate must be filed with the proper Texas probate court in the county where the decedent resided. verify that the decedent had a valid will or that there was no will, and finally appoint an administrator or verify the person named as executor.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended ? and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.
In Texas, if the value of an estate exceeds $75,000, a full probate administration is typically required. This threshold, as stated in the Texas Estates Code, includes the total value of the estate's assets, excluding homestead and exempt property.