![]() Once the hearing is completed and all requirements are met, the judge will admit the will to probate and appoint the applicant as the executor of the estate. The executor will also swear an oath to fulfill their responsibilities and legal duties as executor. The applicant seeking to be appointed executor of the estate must provide evidence confirming several important facts, including the date of the decedent's death, the location of their legal residence, that the will being filed is, in fact, the decedent's last will and testament, and that the will was correctly executed and witnessed. During this hearing, the judge will recognize the decedent's death, confirm that the individual applying to be administrator/executor is fit to serve, and verify that the decedent died with a valid will. The probate hearing takes place before a probate judge. According to Texas law, a will can be challenged at any time after the will is offered to probate and up to two years after a will has been admitted for probate.ĭo you need assistance probating a will or administering an estate in the greater Houston area? Call (713) 909-7323 to speak with an experienced, compassionate probate attorney today, or contact us online. However, it is important to note that this is not the only opportunity someone has to contest a will. ![]() If no one comes forward to contest the will, the courts will move forward with confirming the will's validity. The purpose of this waiting period is to give those who wish to contest a will time to do so. ![]() The notice must remain posted for at least 10 days. After filing the will, the clerk of the court will post a notice at the courthouse advising all interested parties the will has been filed. A decedent's will should be filed with the probate court in their county of residence prior to their death. When someone dies with an established will in place, the will must be filed with the proper court along with a written application to admit the will to probate and be appointed executor of the estate. Filing the Will and Application for Probate. ![]() Here Are the General Steps It Takes to Administer an Estate and Probate a Will in Texas:ġ. In Texas, probate is handled in Texas’ Probate Courts. The process is designed to facilitate the transfer of a deceased person's estate, and when necessary, to protect both beneficiaries' and creditors' interests in the decedent's estate. Probate is a process by which the courts legally recognize a deceased person's (the decedent) death, settle their outstanding debts, and distribute remaining assets to their heirs. Digital Millennium Copyright Act (DMCA).Intellectual Property Protection on Social Media.Social Media Policies & Employee Training.Social Media Compliance for Regulated Businesses.Will OSHA Think I'm Guilty if I Hire a Lawyer?.Doing Business with a Client in Chapter 11.Concierge and Direct Primary Care Practices.Medicare Billing Privilege Revocations & Appeals.Corporate Practice of Medicine Doctrine.Intellectual Property & Trade Secret Protection.Confidentiality or Non-Disclosure Agreements.
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