In Houston, whether or not a will requires probating is dependent on several factors including if an administrator was assigned, the nature of the assets and in whose name they are held, and the value of the estate.

Although these factors do not preclude involvement with probate court completely, the costs and work required are reduced substantially, allowing for easier transfer of benefits and property of the estate.

When probating a will in Houston is necessary

If a person dies and the property was not transferred to heirs by means of a trust, joint ownership with a right of survivorship, or a direct payment such as insurance policies and retirement accounts, it is necessary to probate a will in Houston.

It is highly recommended to contact a probate and wills attorney in Houston to help you through this process.

What are the rules for probating in Houston?

The rules for probating in Houston are established by the state of Texas. An “independent” administrator, executor, or heir has four years to file a will and Application for Probate with courts from the date of death.  If more time has elapsed since the date of the death, a will may be probated, but the process of doing so becomes more complicated.

The process to probate wills in Houston begins with the filing of the original will for the courts to recognize it as the Last Will and Testament of the deceased.  Houston wills law are very complex and only an experienced attorney can file these papers and ease the process for you.

Upon verification the courts then appoint an administrator whose responsibility is to file reports and acquire judge approval for final bills, tax payments, and transfer of property and assets to heirs.

Legal representation from a probate law firm in Houston

When probate is necessary, Jeannine C. Flynn, probate and wills lawyer in Houston, offers a wealth of experience in Houston probating. Serving as the personal representative of a decedent’s estate involves many fiduciary duties and responsibilities.  It is important to seek the guidance and representation of an experienced Houston probate law firm.