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How do I probate a will?


If you have a properly and enforceable Will, these are the following steps to probate the Will.

  1. File the original Will and an “Application to Probate a Will” with the probate court.
  2. After the TEN (10) day mandatory period, schedule and attend a hearing with the probate court.
  3. If necessary, the executor/executrix must obtain a bond. Some Wills may state that a bond is not required.
  4. Attend a hearing to testify to the facts about the death of the decedent.
  5. Send notices to creditors.
  6. File an inventory, appraisement, list of claims, and an affidavit confirming that notices to beneficiaries were sent within NINENTY (90) days.
  7. Distribute the estate.

If a decedent’s estate was not properly probated, the person(s) involved in the distribution of the decedent’s estate may be liable to the creditors or beneficiaries. Also, if a person retains an asset beyond a reasonable time and the estate suffers a loss that person can be held liable. Additionally, the person that retains the assets may need to file and pay applicable federal and state taxes on a timely basis. In some cases, a person may be held personally liable for failing to fulfill these duties, under both federal and state law. There are also numerous criminal penalties that can be imposed on an executor for willful and deliberate violations of tax laws.

For more information on How do I probate a will, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.

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