An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
In Texas, if an estate's value exceeds $75,000, it generally must go through probate because the law aims to ensure that significant assets are appropriately managed and distributed under court supervision. The reason an estate over $75,000 must go through probate is to protect the rights of heirs and creditors.
Texas Probate Timeline If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
Ordinarily, an application to probate a will must be filed within four (4) years of the date of death of the decedent. Also, under normal circumstances, letters testamentary or letters of administration cannot be authorized more than four (4) years after the date of death of the decedent.
Firstly, you need to find out if there was a valid will and who were the appointed executors. If you know who the executor of a will is, then contact them and ask about your inheritance, they should answer you. Be aware that administering an estate can take months and even years.
If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
Obtaining a Copy of a Will from a Probate Court With the digitization of many public records, certain counties might even provide the convenience of online access to probate records. This digital avenue allows you to view and even request a copy of the will without leaving the comfort of your home.
The Testator must sign the Will in front of two witnesses. After they see the Testator sign the Will, the witnesses must also sign the Will. The Will must be printed on paper. While several states allow digital Wills, Texas does not currently recognize digital-only Wills.
Once the affidavit is completed and notarized, it must be filed with the county clerk's office in Tarrant County.
Obtaining a Copy of a Will from a Probate Court With the digitization of many public records, certain counties might even provide the convenience of online access to probate records. This digital avenue allows you to view and even request a copy of the will without leaving the comfort of your home.