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Application for Probate

Texas probate law requires that you wait about 2 weeks before you can have a hearing on the probate application.  The court will determine if it's necessary to open the Administration of the estate or to recognize the decedent's will as valid.  

During these 2 weeks, the County Clerk will post a notice at the courhouse that an applicaion for probate has been filed.  The posting serves as notice to anyone who might want to contest the will or administraton that there are a certain number of days for them to do that.  If no contest is made within that time, the court can move forward in opening the administration and/or recognizing the validity of the will.

Let me first say that this series is not intended to be a legal guide.  It's merely to give you an idea and information about Real Estate and the Probate process in Texas.  If you have specific questions, please consult an attorney.  

As soon as someone dies, everything they owned immediately belongs to someone else.  One of the primary functions of the probate process is to provide another link in the chain of title showing the transfer to the new owners.  Probate refers to the entire legal process of wrapping up all the affairs - debts and assets of the decedent.

The probate process typically consists of:

• Determining that the person actually died by obtaining a death certificate
• Reviewing whether or not a valid will was left 
• …

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