Initiating probate is the first step to heirs receiving their property promised to them in a will. It can also result in the probate court invalidating a will and invoking the state’s intestacy statute.
However, probate is never automatic. Interested parties must petition a probate court to initiate proceedings. To accomplish this, it is necessary to submit a complete application for probate of a will. Only through this process is opening an estate in probate in Houston possible. Our seasoned probate attorneys can provide more information about the general concept of probate as well as guide you through the steps necessary to begin this process.
When is it Possible to Open an Estate in Probate?
The purpose of probate is to oversee the administration of a decedent’s property. As such, probate is only appropriate after a person’s death. As soon as an interested party can obtain a death certificate, probate can begin. However, there is an upper time limit on when probate can occur. Under Texas Estates Code §256.003, courts will usually only initiate probate if a party comes forward within four years of the decedent’s death.
Once a person dies, specific people have the ability to file an application to open an estate in a local probate court. According to TX Estates Code § 256.051, a nominated executor of an estate has the authority to do this. So too do interested parties who are named heirs in a will or would stand to inherit if the court invalidates the will in question. In rare circumstances, independent administrators of distributees also have this power. Your Legacy Legal Care can help individuals to determine if they have the legal right to move forward with opening an estate in probate in Houston.
Applying to Open an Estate in Houston
Opening an estate in probate in Houston involves the submission of an official application to the court. This application must include detailed information about the party filing the application as well as the decedent.
According to TX Estates Code § 256.052, these applications must properly identify the party submitting the application and the decedents. It must provide facts concerning why this branch of the probate court has jurisdiction to hear the case. Applications must include information about the will, if any. Finally, the application must speak as to the ability of the executor named in the will’s ability to serve in that role.
Discuss Opening an Estate in Probate with a Houston Attorney
The probate process in Houston is a necessary step to ensure that a decedent’s wishes come true concerning their property after their death. It also works to ensure that named heirs receive this property in a timely manner.
Probate always begins when an authorized party submits an application to the probate court to initiate proceedings. This can be done as soon as a person dies but must not occur more than four years after death. Furthermore, these applications demand detailed information about the petitioner, the decedent, and the decedent’s property.
Reach out today to discover more about the requirements for opening an estate in probate in Houston and how we can assist.
