The probate process in Texas involves making an application, having a hearing, issuing a notice to creditors and inventory and conclusion. Probate processes may be initiated whether a will is available or not, according to Ford Bergner LLP.
A probate is a process in which a legal court recognizes the death of an individual and initiates a legal process that will determine how the individual's assets will be controlled. Assets may refer to things like stocks, cash, property, life insurance, bonds and retirement accounts, notes Ford Bergner LLP. To begin a probate process in Texas, do the following:
- Submit an application
- Commencement of a hearing
- Notice to creditors
- Concluding the probate
The first step is to submit a formal application to the courts. A 2-week waiting period is then required before any further steps can be taken. During the 2 weeks, the county clerk puts up a notice to inform all interest groups of the application.
After the 2 weeks, a judge will call for a hearing in which the individual's death with be recognized. Legal representation by an attorney is usually an important factor at this stage.
At this stage, the executor is required to publish a notice to creditors and provide an inventory of the estate assets.
The final stage involves passing of judgment or the judge's determination of the case.