Frequently Asked Questions about Probate

What is Probate?

Probate is a general process of providing a will that occurs after someone dies. There’s the involvement of estate administration proceeding in the process. Non-probate assets may pass directly to others, like life insurance proceeds, joint tenancy, and retirement plans payable to a named beneficiary. Everything else may be subject to probate.

Is it really important?

Yes, it is! Probate is essential to:

• Decide if the deceased left a legal will
• Collect and define all estate property
• Protect the property of the estate
• Pay existing taxes and debts promptly
• Transfer legal ownership
• Figure out who has the right to share and divide the property, etc.

What if a parent did not leave a will in Texas?

If your mother or father passes away, the spouse will be the assets’ automatic heir. The living children will split the inheritance equally if the spouse is also not alive. If one of the children is deceased, then their children would inherit that allotted portion. In this situation, many legal complications can occur, and you should contact a lawyer.

How long does the probate process usually take?

Depending on its intricacy and whether or not the will is examined, the probate process may last anywhere from a few months to several years. A standard estate can take 8-12 months to be probated.

What property is included in the probate process?

Remember that not all property that the deceased owned is subject to probate. For instance:

• Life insurance will pass instantly to the chosen beneficiary.
• Titles to joint tenancy property with the right of survivorship pass automatically to the surviving joint resident. It may be subject to feasible tax liability.
• A bank account with a “pay on death” condition will pass directly to the named party. 
• Transfer on Death requirements are available for securities, titled vehicles, and real estate.

The will mentions I am the personal representative. Do I Still need probate?

Maybe. This is a two-part question:

• The fact that you have been named as a personal representative in a will does not automatically make you the personal representative. It is a probate court that must appoint you as the personal representative.
• The ultimate goals determine the necessity of probate. Probate may be necessary if real estate or personal property is still titled in the decedent’s name.

Do I need probate?

This is not possible for us to answer without consultation. However, the general rule is that you might not require a probate if there are no probate assets in the deceased’s name. Assets held in joint tenancy with a spouse or those with named beneficiaries often transfer to the heirs without the need for probate. However, many other considerations may determine if probate is essential. As every case is different, we highly recommend you talk to our attorney to analyze your case.

What is the difference between formal and informal probate?

Both formal and informal probate are procedures that help in appointing a representative for the individual to handle certain matters and accept a will. Moreover, you may require formal probate under the following conditions when:

• Problems are expected with the administration
• Heirs are still minors
• There are issues with a will
• The estate is insolvent, i.e., debts exceed assets owned
• Heirs are missing or unknown
• There are disputes, or there are likely to be disputes among heirs

On the contrary, you might need an informal probate that will entail presenting an application to a registrar instead of a judge. Registrars then approve the estate and ensure the completion of all paperwork, but they won’t be involved once they approve it.

The formal process might be complicated and involve many steps. That is why it is best to consult with a probate attorney at Nathan Law, PLLC. We will walk you through the probate attorney process in Dallas, Texas. Happy to help you every step of the way. Call us at 214-915-8226 for your consultation.