Probate with a Will

What is probate?

Probate is the legal process in which a court of law recognizes the death of a person and authorizes the administration of his/her estate. The administration of an estate is the management and distribution of assets within one’s estate. Moreover, the purpose of probating an estate it to transfer title or ownership of assets from a decedent’s name to t/hat of a living heir.

Do all assets of a decedent’s estate need to be probated?

No. There are non-probate assets that do not need to be probated.  Non-probate assets include, but are not limited to, the following examples (so long as there is a living named beneficiary): life insurance policies, bank accounts, retirement accounts, and Transfer of Death Deeds (TODD).

Where do I file a petition to probate an estate with a will?

Probate cases are generally filed in the county clerk’s office where the decedent resided or held title to real property.

What statute governs probate law in Texas?

The Texas Estates Code.