Do You Have Questions?
- What is the process for probate?
Actually, the generic term “probate” means one of two different legal proceedings: it could mean Probating a Will (or getting legal approval of a Will) or an Application for Heirship Determination (or getting the court to determine who are the heirs and what they are entitled to).
- How much does probate cost?
Between $1,200 and $7,500 depending on (i) whether there is a Will or not and (ii) the size of the estate. Other factors can increase the cost significantly above $7,500 (such as a contested probate – where family members are fighting over control of the estate or right to assets from the estate).
- Do I need to use a lawyer for probate?
Yes, you cannot file it “pro se” (or by yourself).
- Do you need probate if it is a small estate?
Yes and No. No if it’s a small estate (less than $75,000 excluding homestead and certain exempt assets). But check with an adviser.
- Is there a time limit for probate?
Generally, no. A probate can be filed any time. However, Texas law places a four-year statute of limitation on filing a proceeding to probate a Will. Afterwards the proceeding must be an Application for Heirship.
- How long does it take to receive an inheritance?
Depends on the type of proceeding (Will or Heirship) and whether anyone contests the case. Wills normally take between 3 and 6 months; however Heirships can take between 6 to 18 months.
- What can be done about probate if the deceased has no Will?
You must file an Application for Heirship, which takes more time and is more expensive.
- Can probate be contested?
Yes by an heir and by creditors.
- Can someone stop the granting of probate?
Stop, no unless a Judge determines that the wrong heirs are asking to probate an estate. But intervene and go after assets in the estate? Yes.
