Probate Administration

Probate is the process where a court oversees the administration of a deceased person's estate.  Probate typically occurs even if no valid will exists.  In the case of a death without a will, a decedent has died "intestate" and the decedent's estate will be distributed to the decedent's heirs in a manner dictated by the Texas Estates Code.  The general purpose of the probate process is to ensure that any final bills and expenses are paid, such as taxes that are owed, as well as to distribute any assets to the beneficiaries named in a will or any remaining assets to the proper heirs under Texas intestacy laws.

Not all assets are subject to probate administration in Texas.  Assets that are not covered by probate laws include property held in joint tenancy with right of survivorship, assets held in a living trust, and property with beneficiary designations, such as bank accounts, IRAs, and life insurance.

Texas also has established a summary probate administration for small estates.  This process may be used if an individual passes away without a will and the value of the estate (excluding homestead and exempt property) equals $50,000 or less.  The process is subject to various restrictions.  

Texas has a different, simplified probate process for estates with no debt other than on real estate.  The process is referred to as a Muniment of Title action, and can be used to clear title to real estate or obtain the release of assets.  The savings in time and money often make this a better choice for our clients.

Dankesreiter & Emmet, LLP provides comprehensive probate and estate administration services tailored to your individual needs.  For further information, contact our office.