Probate is the orderly process of winding up the business affairs of a person who has passed away. The Court determines whether a testamentary document is the true last and valid Will of a Decedent through the completion of certain requirements. Probate assets are controlled by the Decedent's Will and/or estate, including assets titled in the Decedent's name without a designated beneficiary. The successful completion of probate distributes probate assets amongst beneficiaries, creditors, and any others with a valid interest in a Decedent's estate.

The probate of a Will is available when a Decedent dies testate (i.e with a valid Last Will and Testament. Usually, it is necessary to probate a Will if creditors need to be paid, property needs to be collected, or if assets need to be distributed to beneficiaries. The most common form of probate occurs when a Will nominates an Executor to administer the estate in accordance with the provisions of the Will.

The judicial probate process begins with the filing of an Application to Probate Will and for Issuance of Letters Testamentary (Application). This application is filed with the county clerk.

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Letters Testamentary are official documents issued by the Court authorizing the Executor to act for the estate. They are proof to others that the Executor has been qualified by the Court.

The Executor named in the Will or any interested party may make application for probate to the Court.

Note: Simply filing the application for probate does not make a person the Executor or Administrator of the estate. The Court will decide who is legally entitled to be in charge of the estate.

A transfer on death deed is a simple, inexpensive way to transfer real estate to someone else upon your death. It does not involve going through probate court, which can be a lengthy and costly process. It works similarly to a life insurance policy or a payable on death account at a bank because the asset passes to your named beneficiary upon your death outside the probate system.

You may want to use a transfer on death deed when you own real property, such as a house or land, and you want to give that property to someone else when you die.

When the property owner who created the transfer on death deed dies, this form is used by a named beneficiary to get legal ownership of the property.

Title to the property does not pass to the beneficiary(ies) until the affidavit of death is filed. Without legal title, you cannot sell the property, or get property tax exemptions, or use the property as collateral on a loan.

Yes. If you don’t have a payable on death bank account, no one can access the money in your bank account when you die to pay your bills, funeral costs, or other necessities. Any money in your account becomes part of your estate and a probate court judge will decide who can access the money. Going to probate court can take a lot of time and can be expensive for your family and friends who will be paying the cost of going to probate court (court costs, a lawyer, etc.).

If you have a payable on death bank account, all the money in your account will go directly to the people you choose to get it -without the expense and inconvenience to your family and friends of going through probate court.

A power of attorney is an instrument by which one person (the principal) grants to another (the agent) the power to perform certain acts on his or her behalf.

Two types of powers of attorney are common in the estate planning field, namely the medical power of attorney and the durable power of attorney.

A medical power of attorney grants the agent the power to make health care decisions for the principal if he or she is unable to make them.

A durable power of attorney instrument grants authority to a designated agent to manage the principal’s property on his or her behalf. It can be distinguished from the medical power of attorney which relates to health care decisions rather than to decisions concerning the management of property.

Small Estate Affidavits (called SEAs for short) can be a fast and affordable way to transfer property to a decedent’s heirs. An SEA is an alternative to a full probate administration in Texas and is available in limited circumstances.