In a nutshell, NO! Texas Probate can be simple and inexpensive. The basic steps of probating a will are:
In Texas, with a properly drafted will, probate is neither time consuming nor expensive.
It isn’t possible, in most cases, to wrap up a decedent’s estate without probating the will. By probating the will, the executor is given authority to act in place of the decedent, to sell the decedent’s property, and to distribute it.
Even if all of the beneficiaries agree how to distribute and sell the decedent’s assets, they usually will not be able to close mutual funds, sell real estate, or gain access to bank accounts without someone being appointed executor.
Most of the work of the estate is done by the executor without the assistance of a lawyer or interference from the court.
The executor can hire accountants and lawyers to represent him or her to aid and advise, but that isn’t necessary in simple estates. Legal advice is often sought in selling real property or settling any claims against the estate. An accountant is usually needed to prepare final tax returns for the decedent.
As soon as you can. The quicker you begin the process, the quicker the executor will have the authority to begin to wrap up the estate.
If you need access to bank accounts to pay expenses and debts, you need to move quickly.
If you wait too long, it will cost you! You can’t probate a will, without additional expense, after four years after the decedent’s death. So, waiting isn’t a good idea.
Why avoid probate? If probate isn’t expensive and does everything legally necessary to wrap up estate, why avoid it? There are some short-cut procedures, but if you can probate the will you should.
Once probated, the executor can do everything to wrap up the estate — no limits! No “short-cut” procedure can do that.
For two reasons: First, it is relatively simple if you have done it hundreds of times like our office. Second, often courts will not allow someone to proceed without an attorney to open an estate administration.
It is possible in most cases to probate a copy of the will. Additional proof is required, but do not give up hope. If you have a copy, or can find one from the decedent’s attorney, then we may still be able to proceed with an inexpensive probate process.
Many people ask us “what happens if I don’t probate the will.” I have to say, this question distresses me. Why not probate the will? Every day we counsel families distraught because their loved one died without a will. So, you have a will. THAT IS GREAT NEWS! But a will is only valid if admitted to probate by a Court. The Court procedures determine if it is the last, valid will, and thus the legal will writing the rules for the estate. The will you possess has no legal meaning or impact until the Court admits it to probate. And, you have four years to get it done.
We are a full-service estate planning and probate firm striving to take the fear and unpredictability out of legal services. We handle contested and uncontested probate matters, including guardianship, and offer a full-range of estate planning services to draft wills, trusts, and powers of attorney.
The attorneys at Pyke & Associates, P.C. have been providing quality probate law services, estate planning services, guardianship law services and Medicaid planning & elder law services for Texas residents since 2000.
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Pyke & Associates, P.C.
Dallas County Office
7557 Rambler Road, Suite 850
Dallas, TX 75231
Phone: (214) 866-0133
info@dallasprobatelaw.com
Collin & Denton County Office
5 Cowboys Way, Suite 300
Frisco, TX 75034
Phone: (972) 499-4530
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