The Probate Process
The Texas probate process can be very complicated depending on several factors, the most important of which is whether the deceased person left a valid will. Most wills, and particularly any attorney-drafted will, name an executor and direct that the executor will serve independently and without a bond. If this is the case, then the probate process is relatively straightforward (assuming there is no contest of the Will). On the other hand, if a person dies without a will, if none of the named executors can serve, or if the Will does not have the correct language naming an independent executor, the process can be more complicated.
However, what most people think of when they think of probate – is an independent administration. In a typical scenario with a will and an independent executor, the probate process for an independent administration follows these steps.
The Probate Hearing

After the waiting period, the court will hold a hearing. Your lawyer schedules this hearing based on the court's available hearing dates. These hearings are generally held one or two days a week in many courts with several hearings scheduled back to back. Your hearing will most likely last about five minutes unless there is something very unusual. At hearing, the lawyer will ask the witness (usually the executor) a number of routine questions about the deceased person and their Will. At the conclusion of the hearing, the judge will sign an order admitting the Will to probate and authorizing the issuance of "Letters Testamentary." The Letters Testamentary are the official document reflecting the executor's right to serve as executor. After the hearing, the witness will sign a written version of his or her testimony and then take an oath to faithfully execute the duties of the executor.
Distributing Property to Beneficiaries
Once the creditors have been paid, the executor distributes the property of the estate to the beneficiaries named in the Will. This may take the form of writing a check, delivering personal property, or giving the beneficiary a deed. In Texas, this is often the end of the probate process. An executor can file with the court to close the estate. However, in Texas, it is very common just to leave the estate open indefinitely as closing the estate is not required by law.
The above description shows that even a "simple" probate has many steps that can be daunting. However, things get much more complicated when there are errors in a Will's execution, where there is no executor named or able to serve, or when there is a contest of a Will. Regardless, we at the Turkett Law Office can guide you through the process and take the burden off of you. For a consultation and to learn more, call Turkett Law Office at (817) 769-2750 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..