Texas New!The Uncontested Docket: When the Decedent Dies With a Will(updated 02/27/2018)
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How to fill out Texas New!The Uncontested Docket: When The Decedent Dies With A Will(updated 02/27/2018)?
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FAQ
What Happens If You Don't Probate A Will In Texas? Heirs Do Not Realize They Need To Probate The Will.Possible Family Agreement On Disposition Of Assets.The Person Holding The Will Refuses To Produce The Will Or Take Any Action To Settle The Estate.An Affidavit Of Heirship & Family Settlement Agreement Will Not Work.
Texas law provides that, when this happens, the Will is treated as if it did not exist, and the estate passes by intestate (without a Will) succession. This means that children by a prior marriage take the deceased spouse's one-half of any community property.
There is no general requirement that all wills go through probate in Texas. However, if the decedent dies and leaves a will, you can only implement its provisions through probate.
Probate records of Texas have been kept by the probate clerk in each county courthouse. You can obtain copies of the records from the clerk's office. In most counties, all information pertaining to a probate case is recorded in the "probate minutes."
In Texas, the executor of the estate must file for probate within four years from the testator's death. Texas probate law is very strict about this statute of limitations. In certain circumstances, there may be alternatives for wills that have expired.
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
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.
Generally, yes, probate is public. The application and other documents are filed with the county clerk and open for inspection by the public. In fact, most counties provide free online access to the county clerk's records.