"We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions. " - Ronald Reagan
Texas Probate Law Firm
The Texas probate process can be intimidating. Probate, in its essence is a legal process under Texas state law, to verify the validity of the decedent's will and grants the power to the Executor to execute the will and settle the estate. The decedent will not always have a last will and testament, and in some cases the will was written without provisions ensuring a smooth and quick settlement. A dependent administration is required in cases when a decedent did not leave a will or provisions for an independent administration.
In an independent administration your lawyer will prepare and file an application for probate legally informing the Texas courts of the death, the nature of the will, and the declaration of Executor. The will and application are then filed with the County Clerk and a case number and hearing date are assigned.
The pending probate is posted by the Sheriff to inform the public of the impending proceedings, giving parties the opportunity to file any responses to be heard by the court at the hearing.
On the hearing date, testimony is taken regarding the decedents death, Will's validity and the court determines whether it has jurisdiction, (whether the hearing is being held in the proper county, etc.)
The probate Executor is then require to establish that he or she is not disqualified from serving by being a convicted folon, unquitable, or incapacitated. Texas counties have varying rules regarding this part of the probate process, in some cases a written affidavit will suffice, in others verbal testimony is required.
Upon the Judge being satisfied as to all the legal requirements being met, the Order is signed admitting the Will to probate and empowering the Executor's authority. Once the probate process begins.... Click here: http://www.mcdonaldworley.com/probate-litigation.htm (for our recommended Texas probate litigatio)n if you need lawyer representation to contest a will, the top Texas state law firm, McDonaldWorley.com experienced in TX state probate law.
The Texas Probate process is no doubt a complicated one and navigating the legal system to achieve a fast, managed, and just settlement requires the services of an experienced Texas Probate Lawyer.
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