Probate is the process by which the decedent’s estate is settled, with all debts satisfied, taxes paid, and the remainder distributed to beneficiaries. The length of time probate might take depends upon a number of factors, as will be seen, but it can be a rather lengthy process. Working with an experienced Brazos County probate attorney can help facilitate the process, for he understands all that is required and the proper procedures for settling of the estate.
The Probate Procedure
The named executor files for probate, assuming a will exists. If there is no will, the decedent is said to have died intestate, and the probate court will determine how to distribute assets. Texas laws require the executor to file within four years of the death of the testator. It is very unusual for an estate to take that long to be probated, however.
The complexity of the estate will govern much of the question of how long probate will take. Your Brazos County probate attorney will tell you that if there is a lot of debt, or beneficiaries cannot be readily located, the process can be delayed. Also, probate can be held up when heirs decide to challenge a will.
Once the executor files for probate, if all goes well, he will be appointed manager of the estate by the court, and then he will pay off obligations, or debts. It is required as well that notices to creditors, to the public, and to beneficiaries be made. Your Brazos County probate attorney can help to make sure you file these notices in a timely manner. When the will is admitted into probate, for instance, the executor must send a certified letter to all the named beneficiaries within 60 days.
Ultimately, one can expect the probate process on average to take about 15 months from the date of filing.
A Brazos County Probate Attorney Can Help You with Probate
If you are the named executor, you may wish to work with a Brazos County probate attorney who understands the process thoroughly and can help make sure you complete all necessary steps. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.