Probate is the process by which a court enters a will into the court record or determines who will inherit property is no will exists. Probate will require at least one court appearance before a judge by an estate representative. Notice periods, or time to contact any person who may be involved in the distribution of an estate, are required, including creditors and beneficiaries. In Texas an administrator is required to provide notice of the administration to known creditors. The creditors have six months to file their claims with the administrator or court. The time needed to probate an estate will vary; usually requiring an average of six months to a year. If there are no debts owed, property is frequently distributed much sooner. Frequently all property passes to the surviving spouse and the will is admitted to establish title only, with no formal administration of the estate. The regulations governing fees and probate judgments vary from state to state and are complex. In Texas the filing fee for beginning the process is less than $200.00 in almost every instance. The attorney fees can vary widely depending on the service provided and who is hired. The attorney should be willing to provide a written agreement setting forth how the fee will be computed. It is best to schedule an appointment with your attorney for a clear idea of what kinds of fees you may be responsible for in the event that you must appear at a probate hearing. For more information about wills and estates consult a licensed attorney.
Contact Charles Kennedy by email: ckennedy@TexasWillplanner.com.
