Many families can manage the affairs of a loved one without needing to go through a probate proceeding. Probate Court may be avoided if a person has no estate, if a person has disposed of assets prior to death, or if a person has executed a trust that manages all assets outside of the probate process.   

A properly-executed will must be probated within four years after the date of death, unless good cause can be otherwise shown.  The named executor or executrix is responsible for ensuring the terms of the will are followed.  Texas law requires that all this must be handled through court proceedings.

Additionally, if a person passes without a will, the person's estate may need to be administered through an intestate administration with an heirship proceeding to declare the heirs of the estate.

A probate court presides over the administration of a decedent's estate. The person named in a will as executor-or if the decedent dies without a will, a personal representative appointed by a judge-seeks the intervention of of the Probate Court to obtain legal authority, identify assets of the estate, and to distribute the estate.  

The court will allow distribution of a decedent's estate only after the debts have been paid and the estate has been properly handled in accordance with the law. Upon distribution of the estate, the executor/personal representative is discharged from further responsibility.

A large percentage of estate administrations are handled without difficulty.  However, the Firm has been involved in many contested probate and estate administration proceedings, particularly when the decedent's capacity to execute a will is challenged.