Probate Process – What It Is & How Long It Takes

Have you recently lost a loved one? If so, probate services are being offered to help you handle probating of wills. Probate services are administered to distribute a deceased individual’s belongings. Sometimes probated assets can include real estate, bank accounts, or even personal items. 

The probate process is called probating because it proves that the will is valid before property distribution occurs. This process involves filing formal documentation through local probate court systems to ensure all aspects are followed by law. It’s important to look for a qualified probate attorney to handle your case if a probate process is required.

Usual Probate Time Frames

Probate is not a federally controlled process, and state rules differ. The probate time frame can vary depending on each case and the state, but it typically takes around 10 months to 1 year to complete probating and assets distributed. 

Even when there’s a will, it’ll have to be probated as a muniment of title, and it could take months to complete. To verify the heirs, the court will appoint an attorney ad litem. Although the process must speed up if the designated attorney works diligently, probate in Texas usually takes months.

You May Encounter Different Probate Scenarios

With a properly drafted will, most probate cases are handled through Independent Administration, which can usually be completed in less than 6 months. In addition to Independent Administration, probate may be carried out through other legal means:

*When a person dies without a will, the most complicated phase is dependent administration (intestate), in which the court must supervise all actions. Any legitimate heir of an estate of a person who died without leaving a will can file a Determination of Heirship petition. Following the filing of the application, the court will verify the identification of the person or people claiming heirship in order to assess the legality of the claim.

*When there’s a correctly formed will and no debts to be paid, muniment of title is a type of probate process that is highly rapid and efficient. There’s no need for an executor because the will is validated by a court order, which transfers ownership of assets to the heirs listed in the will.

*When a person dies without a will, and the estate is worth less than $75,000, a Small Estate Affidavit is submitted. The affidavit is a low-cost, expedited method. Your lawyer will assist you in obtaining an official copy of the death certificate, proof that the deceased person held the property in question, verification of your identity, and an inventory of every property the individual owned once you have appraised the estate.

Get Legal Help From A Qualified Probate Lawyer

When you approach Elissa I. Henry Law Firm for probate, you can expect us to provide professional advice and guidance, which is very important in such a delicate situation. Our professional services will give you peace of mind.

We’ll inform you about all legal formalities and ensure that no loopholes are left when drafting wills and dealing with other related issues that might arise post-death of a loved one. We offer probate services at reasonable rates in Houston, TX.