The probate process in Texas is often misunderstood.  The term “probate” simply means the court-supervised process for handling the estate of a deceased person. Probate includes paying off any debts, expenses, and taxes, and the distribution of any remaining property according to the Will (if a valid Will exists) or to the heirs under Texas laws regarding intestacy (“intestacy” means no valid Will exists).   It is important to note that, under Texas Estates Code Section 256.003, a Will must be filed for probate within four years after the death of the testator (the person who made the Will).  After four years, a Will may be filed as a “muniment of title” if the applicant is not “in default”.   Initial probate steps If there is a …

Beneficiaries under a Will must have the Will probated for it to be effective.  Unfortunately, the person with the Will sometimes sits on their hands.  For example, what should a person do when a parent has died, but the step-mom (whom you believe has custody of the Will) isn’t doing anything with it?      Out of respect for grief and family harmony, children often allow some time to pass after a death before asking a step-parent about the deceased biological parent’s Will that they know or believe exists.  But, after some time has elapsed, the children would like to know whether there is, in fact, a Will and whether anything is going to be done with it.   Why does this happen?   This …