What is 'Probate'?

“Probate” is the set of legal procedures by which a deceased person’s property passes to others following his or her death. It applies to persons who died with a will (“testate”) or without a will (“intestate”). By way of a partial summary, Probate allows the court to identify whether someone needs to be appointed to manage the deceased’s affairs – not every estate requires such “administration.” For example, if the deceased had no debts or limited debts of a certain type (such as a residential mortgage, car note, or similar items), his estate likely does not require administration, and Probate could be expedited through a variety of procedures available in Texas.

Should I always avoid probate?

Although many people will advise you to takes steps during your lifetime to “avoid probate,” Probate is often an essential and very important process. It can clear title to real estate and other property, settle legitimate debts and wipes out others. It also can establish a new income tax basis for the deceased’s property. By careful estate planning during your lifetime, and consultation with an attorney following your loved one’s death, the process of probate administration can be carefully managed to provide for closure of almost every estate as quickly and economically as possible.

What is 'Probate Litigation'?

Each county has a specific court that may hear matters related to the deceased's estate; it may be a county court that also hears other matters, or it may be a specialized Probate Court created by statute. The Probate Court has jurisdiction over all matters that may be asserted by or against the deceased's estate or the estate's personal representatives, including actions to construe any will, identifying legal heirs, determining ownership of real or personal property, and all other matters related to the settlement, partition, and distribution of the deceased's estate. Jurisdiction over such a broad range of "Probate Litigation" helps prevent multiple proceedings in multiple courts (thus reducing litigation costs) and the entry of conflicting judgments.