About KREIG Houston
Phone
(281) 219-9090
Scheduling Open
24x7
Location
335 T C Jester Blvd
Houston, TX 77007

Free Consultation

Steps in the Texas Probate Process

Steps in the Texas Probate Process

Every probate is unique, but there are some common steps in the Texas probate process for most probate administrations. These steps often include:

  1. Check with whether the Texas Medicaid Estate Recovery Program has a claim
  2. File the:
  3. Clerk issues citation on the application
  4. Provide notice to the Attorney General if a charity is involved
  5. Lodge the will with the clerk (for testate probates)
  6. Secure and file any consents and waivers and/or serve any necessary parties
  7. The court appoints the attorney ad litem (for intestate probates)
  8. Provide information to the attorney ad item (for intestate probates)
  9. File the Attorney Certificate of Service of Citation (for intestate probates)
  10. Schedule the court hearing
  11. Have the court hearing
  12. Make the required court filings
  13. Sign the oath
  14. Post bond (if required)
  15. Hire appraisers (if required)
  16. Order the letters testamentary or letters of administration
  17. Clerk issues the letters testamentary or letters of administration
  18. If there are estate assets, obtain a taxpayer identification number for the estate and set up a checking account for the estate
  19. Identify, secure, and manage the probate assets
  20. Notify the IRS and/or Texas Comptroller of the appointment
  21. File the decedent’s final tax return(s) and/or the estate’s income tax return(s) (or possibly extensions therefore)
  22. Provide the beneficiaries notice of the will (for testate probates)
  23. File affidavit or certificate regarding notice to beneficiaries
  24. Publish notice to creditors
  25. Send creditor letters
  26. Evaluate creditor claims and assets and pay valid claims
  27. File the inventory or affidavit in lieu of inventory
  28. Set aside homestead and exempt property or allowance in lieu of exempt property
  29. Pay family allowance
  30. File estate tax return and pay any tax owed and then apply for discharge with the IRS
  31. Pay and/or reject creditor claims
  32. Make the distributions to the beneficiaries or heirs and obtain releases
  33. If the probate lasts longer than one year, file the annual accounting
  34. Make the required court filings to close the probate

Why Choose Us?

Local Expertise: With a focus on probate and assisting clients in Houston, we understand local peculiarities and leverage our established network to expedite the probate process.

Vast Experience: Our attorneys bring years of dedicated experience in navigating Harris County’s probate system.

Client-Centered Approach: We recognize the emotional stress often associated with probate administration. Our objective is to alleviate this stress by providing you with top-notch legal support.

Contact us today to arrange a FREE consultation and make the probate process simpler for you.

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate administrations. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.

FREE CONSULTATION

Call 281-219-9090
Schedule Online

Disclaimer:  The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.

FREE CONSULTATION

Call 281-219-9090
Schedule Online

  • A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity

    A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity

    A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario…

  • What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations

    What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations

    When someone dies owing you money secured by real property, you face important choices about how to collect. You hold a lien on the property itself. But what if the property doesn’t sell for enough to cover the full debt plus all accrued interest, late fees, and attorney’s fees? Can you pursue the estate for…

  • Is a Signature on Page Attached to a Will Valid?

    Is a Signature on Page Attached to a Will Valid?

    When a loved one passes away in Texas, their will typically undergoes routine probate proceedings. Most wills follow a predictable format—several pages of bequests and instructions, concluding with a signature line where the testator signs above their printed name, followed by witness signatures. But what happens when the testator’s signature appears somewhere unexpected, perhaps on…