Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone passes away in Texas, the estate goes through probate to ensure that assets reflect the decedent’s wishes and Texas law. When multiple heirs are involved, you follow a step-by-step process:
1. Open the Probate Estate
The personal representative (executor) files an application in the county probate court where the decedent lived. This step formally opens the probate estate under Texas Estates Code Chapter 32.
2. Appoint a Personal Representative
The court confirms the person nominated in the will—or appoints an administrator if there is no will—as the personal representative. That person gains authority to manage estate affairs under Texas Estates Code §301.001. ES §301.001.
3. Inventory and Appraisement
Within 90 days of appointment, the representative must file an inventory and appraisement that lists all estate assets (real property, bank accounts, investments, personal property). This requirement appears in Texas Estates Code §309.051. See ES §309.051.
4. Notify Creditors and Pay Debts
The representative publishes notice to creditors and gives individual notices. Creditors have four months to present claims. The representative reviews, allows, or challenges claims and pays valid debts before distribution under Texas Estates Code Chapters 353–354.
5. Distribute Remaining Assets
After debts and taxes clear, the representative distributes assets to heirs according to the will or Texas intestacy rules. Texas Estates Code §355.001 explains who is entitled to distribution. View details: ES §355.001.
Helpful Hints
- Keep original documents (wills, deeds) organized and accessible.
- Work with an appraiser for accurate valuations of unique assets.
- Maintain clear communication with heirs to manage expectations.
- Use the probate court’s clerk for procedural guidance and deadlines.
- Consider professional assistance for complex estates or disputes.