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What does it mean to probate a will?

What does it mean to probate a Will?

What does it mean to probate a will?

Probating a will is the term used for a legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person’s will. Probate can also pertain to the administration of a deceased person’s estate that did not have a will. When someone dies without a will this is known as dying intestate.

After an asset-holder dies, the court appoints either an executor that was named in the will or an administrator (absent a will) to administer the probate process. This involves auditing the assets of a deceased person to pay any liabilities remaining on the person’s estate, and to distribute the assets of the estate to beneficiaries.

How long does it take to probate a will in Texas?

Probate is not a fast process. No two probate cases are exactly the same. Complications often arise. These complications can cause delays. There are other instances when you may want to hold a probate open longer, such as waiting for a minor to become an adult so that they can receive distributions.

With that said, it is common for the probate process to take at least seven months in Texas. This seven-month period does not mean that you are actively working on the probate every day. The probate process is better described as a series of tasks where you “do one thing, then wait” as you go through the tasks.

How much does probating a will cost in Texas?

The cost of probate will depend entirely on the size and complexities of the estate. With that being said, costs can generally be grouped into a few main categories.

  • Court Filing Fees
  • Cost for publishing notices
  • Attorney and executor fees
  • Accountants (larger estates)
  • Appraisals and Business Valuations

In the article linked above, you can find a detailed breakdown of each of the fees listed.

DFW Probate Attorneys

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