Probate of a Valid Will
In Texas, probate of a valid Will is relatively quick and easy compared to other states. Probate is usually necessary if the Decedent owned property for which title must be transferred, or had accounts that were not payable on death to another person. The probate courts of North Texas require that a person probating a Will must be represented by an attorney. Accordingly, the first step in determining what level of probate, if any, must be initiated, is to contact a probate attorney.
In general, two levels of probate exist for a valid Texas Will. The first is an “independent representation.” If the Will appoints an independent executor, the court’s involvement in the case is minimal, and expenses of probate are thus minimized. The executor is free to carry out the terms of the Will without court supervision. However, if the Will does not appoint an independent executor, then the executor must obtain court approval for each of his or her actions. This “dependent administration” is more expensive, because of attorney’s fees associated with fling motions and attending hearings for the executor to obtain court approval for his or her conduct.
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