Understanding The Fundamentals of The Texas Estate Planing Process


Please note that the information provided within this article regarding Texas estate planning is provided in the spirit of educating Texans of their rights regarding Texas estate planning, dealing with Texas living wills, and understanding their rights when probating a will in Texas. This information isn’t meant to serve as legal advice; if you require legal advice you should immediately consult with an attorney.

A Texas living will is known as a directive to most physicians, families and or surrogates. Its purpose is to provide instructions regarding the use of life sustaining treatment if there are terminal and or irreversible conditions involved. To put it another way, Texas living wills specify whether a life-sustaining technique should or should not be used. In this instance the meaning of life sustaining methods refers to artificial nutrition, the use of antibiotics, life support, kidney dialysis etc. A living will can also be used to name a particular individual who has the authority to make medical decisions when the person in question may be incapacitated.

In Texas if an individual should die and leave property that has not been transferred legally to another party by means of a joint ownership with a right of survivorship, trust, or payment via beneficiaries i.e. insurance policies or retirement, the property will be distributed via probate.

Probating a will in Texas is relatively straightforward. After the person has died, an application for probate must be filed in the Texas Probate Court. According to Texas probate law you must wait two weeks before you can have a hearing. The hearing will determine if the courts need to open the administration of the estate or if it will recognize the deceased’s will as being valid.

During the application waiting period the County Clerk’s office will post an official notice at the courthouse announcing that an application has been filed for probate. The purpose for this is to allow anyone the chance who may want to contest the will or the administration. If no one should come forward and no attempt has been made to contest the process, the court will continue and open the administration and/or recognize the validity of the will.

Once the set amount of time has elapsed, a probate Judge will recognize that the individual in question has died, and that the person applying to be the executor meets all legal qualifications to serve. The judge will also determine if the will left by the deceased is valid.

It is important for you to note that in Texas the Probate Courts require that the individual applying to administer an estate or submit a will to probate must obtain an attorney. The reason for this is to do with the fact that the executor has extremely important obligations to all the beneficiaries and heirs of the estate. The courts want to ensure that the executor is properly informed and are well aware of their obligations and duties.

There are numerous intricacies involved with the probate process, even more so when an individual dies without a Texas will in place. It is crucial that you are cautious when hiring a Texas probate attorney. You want to seek one that can walk you through the probate process. This point is strongly emphasized because of the consequences of receiving inaccurate legal advice during the probate process can be costly.

Keep in mind that the Texas Probate Code has clearly defined specific steps that an individual must follow when initiating the probate process. Besides the requirements defined by the probate code, some courts may impose other rules that may differ depending on which type of court hears your case.

Taking into account all potential aspects and outcomes is what is required to create a good Texas estate plan. Seek professional help when crafting your own plan to ensure it will serve you as intended in the time of need.