Bineham & Gillen Outlines The Legal Process
Probating a will in Texas is a process that ensures the distribution of a deceased person’s assets is carried out according to their wishes or Texas law.
Whether you have an old will, are facing uncertainty around Texas probate laws or are concerned about the cost to probate a will, understanding the process can help ease the burden during this difficult time. Bineham & Gillen are ready to help walk you through the process.
Are Old Wills Valid In Texas?
One common question during probate is whether an old will is still valid. In Texas, wills remain valid regardless of age as long as they meet the state’s legal requirements.
However, certain life events like divorce, remarriage or the birth of children may affect how the will is interpreted. It’s always a good idea to review and update your will periodically to reflect any changes in your circumstances.
During probate, if the will is deemed valid, the executor can proceed with the legal steps to distribute the assets. If there are multiple versions of the will, the most recent one is typically honored, provided it complies with Texas probate laws.
Understanding Texas Probate Laws
Texas probate laws are designed to guide the distribution of a person’s estate after death. The probate process in Texas can involve several steps:
- Filing the will with the probate court – The executor submits the will to be validated.
- Proving the will’s validity – The court reviews the will to ensure it complies with Texas law.
- Inventorying the estate – The executor gathers and values the deceased’s assets.
- Paying debts and taxes – The estate must settle outstanding debts and taxes before any assets are distributed.
- Distributing the remaining assets – Once debts are paid, the remaining assets are distributed according to the will or Texas law.
Hiring a lawyer who understands Texas probate laws can help you navigate this process smoothly, especially if there are disputes, complex estates or if the will is contested.
What Is The Cost To Probate A Will In Texas?
The cost to probate a will in Texas can vary depending on several factors, including the size of the estate, the complexity of the probate process and whether legal disputes arise. Common expenses include court fees, executor compensation, appraisal fees and attorney’s fees.
While Texas offers a simplified probate process for small estates, larger or more complex estates will incur higher costs. It’s also important to consider that without legal guidance, mistakes during the probate process can lead to additional expenses and delays. Consulting with a probate attorney can help you estimate costs and avoid unnecessary financial pitfalls.
Do You Need A Lawyer For Probate?
Although Texas law doesn’t require you to hire a lawyer to probate a will, it is often beneficial to do so. Probate involves legal documents, court proceedings and strict deadlines. If you are handling an old will, navigating Texas probate laws or concerned about the cost, a lawyer can provide valuable support and help ensure the probate process goes smoothly.
How Bineham & Gillen Can Help
At Bineham & Gillen, we’re here to help you understand and navigate the complexities of probating a will in Texas. Our experienced probate attorneys are well-versed in Texas probate laws and can guide you through the process, whether you’re dealing with an old will or need to manage a complex estate. We’ll work to minimize costs, reduce stress and ensure your loved one’s wishes are carried out with care.
Contact us today for expert legal advice on probating a will in Texas.
