Probate of a Will

One of the most common probate actions is to probate the Will of someone who has passed away. It can be helpful to view the probate process as a two-act show. The first part of the process concerns obtaining court approval of the Will and appointment of the executor. The second part involves compliance and notices to parties as required by the Texas Estates Code.

Step 1: Appointing the Executor

A properly drafted Will usually names an independent executor and alternate executors in the event the named executor cannot or will not serve. If the Will has not named an executor or independent executor, then the attorney will troubleshoot to the best of his or her ability. The named executor or relevant beneficiary typically reaches out to an attorney to represent him or her in commencing the probate action.

In a run of the mill case, an application to probate the Will is filed, the clerk issues the citation in a manner prescribed by law, and the notice is posted. Once the legally required period of time passes (Monday after the passage of 10 days), the matter may be set for a hearing in front of the judge. Then, the executor Will give required testimony to satisfy the law and the court’s requirements for probate.

Assuming the court is satisfied with the evidence before it and the Will meets the legal requirements, the court will sign the order admitting the Will to probate and appoint the applicant to serve as executor of the estate. Once other formalities such as an oath and bond (if applicable) are filed the clerk of the court may issue letters testamentary to the executor, which will allow the executor to act as the personal representative of the estate.

Step 2: Compliance with the Estates Code and giving Notice

At this time, the executor already has letters testamentary and can use them to start wrapping up the affairs of the deceased and distributing assets in accordance with the law and the directives in the Will.
However, the executor must still comply with giving notice to creditors, notice to other required parties, and creating an inventory to carry out the duties of executor correctly. These administrative and compliance issues are not only complicated, but failure to correctly complete them can result in disqualification of the executor and potential civil liability.

Contact a Probate Attorney to Probate a Will

The process of probating a Will can be quite complicated. If you need help probating a Will contact Evan Lange Law, PLLC, a local probate attorney to see if the Firm can help you.