Eric L. Grogan

How Long Does Probate Take?

The probate process is different for every administration. The length of time the probate process can take depends on several factors, including whether or not your loved one left a will, whether or not someone will challenge the will (if there is one), and the extent and complexity of assets the deceased left behind, among other factors. For these reasons, giving a hard timetable is difficult to do and depends heavily upon the situation. Probate can often be completed within six months, but probate can take longer than one year in some situations.

The Probate Process in Texas

Probate is necessary when people pass away owning property titled in their names like real estate and vehicles with liens, as examples. Selling this property, or removing the recently-deceased’s name from this property, requires some kind of probate administration whether it be a small-estate affidavit, a muniment of title, or a formal probate proceeding. Further, some kind of probate proceeding is required to make sure that all of the recently-deceased’s debts are satisfied, including everything from credit card debt to potential Medicaid recovery claims. Simply put, probate is the process that resolves the recently-deceased’s title and debt issues.

The estate plan, or often the lack of an estate plan, that the recently-deceased had in place will determine what kind of proceeding is most appropriate and efficient.

If the person that passed away had a will:

• a judge will need to determine the validity of the will and either a formal probate or a muniment of title proceeding will be necessary.

In Texas, a will must be probated within four years after the person passes away. Missing this deadline can create serious complications for your family. Failing to probate a will in Texas may result in property remaining stuck in the deceased’s name, assets being distributed under state intestacy laws instead of the will’s instructions, and heirs facing expensive legal proceedings to establish their rights.

There is no good reason to wait to begin the probate process when there is a will, or when there isn’t one, for that matter. Generally, if there is no probate proceeding opened within four years after the person passes away, a muniment of title proceeding is necessary.

If the person that passed away did not leave a will:

• depending upon the size of the estate, either a small-estate affidavit or a formal probate will be necessary.

By far, the quickest and simplest proceeding to wind down an estate is the small-estate affidavit, but this option is available only in limited circumstances.

In Texas, estates valued under $75,000 may qualify for a small estate affidavit, which allows heirs to transfer assets without a full probate proceeding. Estates above that threshold typically require court supervision to ensure debts are paid and assets are distributed properly.Most often, unless the recently-deceased had a properly funded trust, a formal probate is required.

Contesting a Will in Texas

Navigating the complexities of probate can be challenging, especially when disputes arise over estates or wills. Mr. Grogan has handled numerous contested estates and wills with a focus on preserving his clients’ interests and trying to maintain or salvage family harmony. Whether you are facing a dispute over asset distribution, or contesting a will due to validity or ambiguity concerns, Mr. Grogan provides timely and efficient legal guidance tailored to achieving a resolution that honors the decedent’s wishes and preserves your rights.

Trust Administration

Generally, a properly funded trust will avoid probate. However, necessary steps must still be taken to properly administer the trust. This includes many of the steps required in a court-supervised probate proceeding. The successor trustee must, among other things, gather assets, contact beneficiaries, notify creditors and pay required taxes. This process can often be time consuming and confusing. Grogan Law, PLLC can help guide you through this process and ensure that all necessary steps are taken for a proper administration of a trust, even if Grogan Law, PLLC did not draft the trust.

How Can Grogan Law, PLLC Help?

Grogan Law, PLLC can help determine the most efficient and cost-effective way to navigate you through the probate process. Understanding how much probate costs in Texas can help you plan ahead and avoid surprises. Court filing fees, executor compensation, and attorney fees all factor into the total expense—though simpler proceedings like a muniment of title or small estate affidavit can significantly reduce those costs.

In some cases, simpler administrations, such as a Muniment of Title or a Small Estate Administration are appropriate, which can take less time and require less resources to complete.

If you have recently lost a loved one and need help determining what kind of proceeding is appropriate to wind down their affairs, contact Grogan Law, PLLC today for a free consultation. Flat-rate fees are available for all probate proceedings.