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.
Once the waiting period has passed a hearing will be held before the probate judge. The judge will recognize:
- The decedent has died
- The court has jurisdiction of the case
- the person applying to be executor is qualified to serve
- the decedent either died without a will or with a will and if the will left is valid. local
The local rules of most of the Texas courts hearing probate cases require that the person applying to admnister an estate or admit a will to probate must be represented by an attorney. The executor has important duties to all of the beneficiaries and the heirs of the estate. The courts want to make sure that the executor is properly advised as to their obligations and duties as the executor.
Coming next - Part 3 - The Duties of the Executor during the Probate Process
