When someone passes away, all of their property and their assets – including real estate – goes through a specific process in order to determine who inherits it. In the state of Texas, the estate of the deceased goes through a specialized Probate Court, regardless if the deceased had a Will or not. Here’s what you need to know about this Probate process when it comes to inheriting a house, or really anything else, within the state of Texas.
If someone dies with a Last Will and Testament in place, the Probate process is relatively straightforward. After the courts ensure that the debts incurred by the deceased in life are paid off, any remaining assets are then distributed according to the details set forth in his or her Will. If you’re named as an inheritor in the Will – and no one decides to contest it in court – you’ll eventually be awarded ownership of the property once the Probate process is completed. In general it takes a minimum of two weeks between the initial application process and the actual hearing where determinations are made concerning the deceased’s property and the validity of his or her will.
Of course, things get more complex if the decedent died intestate, or without a Will set in place. The Court in this case makes a determination as to who is or isn’t considered an heir of the deceased in this case. The remaining assets, including real estate, are then split among the heirs. This step, which comes after any creditors being satisfied from the assets of the decedent, can be held up by relatives of the deceased raising objections to the way the decedent’s assets are distributed. This can cause considerable delays when it comes to resolving issues of probate.
If you have concerns with how your deceased family member’s real estate is going to be distributed – especially if he or she died without having a proper Will in place – your most prudent course of action, in order to represent your own interests, is to retain an experienced probate attorney. This is an even more highly recommended option if you’ve never been through the probate process in Texas before. Dealing with the grief of a loved one passing is difficult enough without also having to worry about how his or her property is going to be distributed and whether or not you’ll be receiving any of that property, including the possibility of inheriting a house. An attorney will take care of some of those issues for you by representing your interests during probate hearings and other related matters, leaving you to continue to go about your daily business – and also to ensure you can properly mourn the loss of your loved one without having to deal with the probate courts directly.
Even if there is a Will in place, the probate process can be exhausting to deal with. This is why it’s even more important to have an attorney on your side, as the number of cut-and-dry probate cases in the history of mankind have been few and far between. There’s always someone who gets less than they think they deserve – someone who’s ready, willing and able to raise a fuss over the perceived slight – and that means it’s never going to just be a quiet, dignified, and stress-free experience.
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