In Texas, after a person dies, probate is a key part of the process to ensure their will is adhered to. The executor will file an application so the will can be probated. While this might seem like a basic process, there is nuance to it and the executor need to be aware of how to proceed.
Understanding applications for probate
Under state law, although the application for probate is generally done by the executor, others can also apply. An administrator or an interested person can file. It is irrelevant whether the applicant has possession of the will; the will was lost; it was destroyed; or is outside the state.
When applying for probate, the vital information must be provided. That includes the applicants’ names and where they live; their driver’s licenses and Social Security numbers; the details of the testator’s death as well as proof; proof that the filing is being done in the proper venue; that the testator owned property; when the will was written and executed; if the executor had born or adopted children who survived them; if they had been married and the marriage was dissolved after completing the will; if state or government agencies were designated to receive property from the will; and that the executor or an applicant was not disqualified.
If the will is not produced for any reason, there are other rules to apply for probate. The applicant must state why they cannot produce the will. They need to state what the will says, if they know. They must give the following information: the names and addresses of people named in the will – if known; the relationship to the testator of every person named in the will; and those who would inherit property if the person died without a will.
Probate is a key part of settling a person’s estate
Being an executor is a significant responsibility and part of that is applying for probate of the will. This is essential to ensure the testator’s objectives are met and disputes are addressed effectively.
Since the process is more complex that people might think, it is wise to be prepared from the start. That includes understanding the law for probate and making sure to follow it. This is a fundamental part of completing the process as the testator wanted and avoiding obstacles that can cause disagreements and challenges to the will’s validity.
