{"id":12054,"date":"2020-08-13T11:09:06","date_gmt":"2020-08-13T16:09:06","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12054"},"modified":"2025-06-18T17:18:52","modified_gmt":"2025-06-18T22:18:52","slug":"types-of-probate-in-texas","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/wills-trusts\/types-of-probate-in-texas\/","title":{"rendered":"Types of Probate in Texas"},"content":{"rendered":"

In the public mind, the term \u201cprobate\u201d is often associated with expense, delay, suffering and, sometimes, prolonged legal disputes. While there are many probate myths and misconceptions<\/a>, it is basically a court-supervised method of handling the property of a deceased individual. During probate, the court will appoint someone to be in charge of the deceased person\u2019s financial affairs, property, assets, and debts. Outstanding debts are addressed, and the remaining property is distributed to the heirs of the deceased.<\/p>\n

In other words, probate is a process with the purpose to prevent fraud after someone\u2019s death. It is simply a way to freeze the estate until a judge determines the will is valid, that all relevant people have been notified, the property in the estate has been identified and appraised, the creditors and all taxes have been paid, and the assets of the estate have been distributed according to the wishes of the decedent.<\/p>\n

Probate in Texas<\/strong><\/h2>\n

Texas law recognizes three basic types of probate<\/a>. These are Uncontested Probate of a Will, Contested Probate of a Will, and Muniment of Title. Beyond these, there are also other simpler ways in which the property of a deceased individual can be properly transferred.<\/p>\n

Before exploring the types of probate, we want to express our option that if you have been named as the executor of an estate, probating a will is not something that you should try to do alone. As the executor, you have the fiduciary responsibility to make sure all estate matters are handled properly, and experienced legal counsel is essential to avoid needless mistakes and delays in the probate process.<\/p>\n

Uncontested Probate of a Will<\/strong><\/h2>\n

This is a circumstance in which no one challenges the validity of the will, the person appointed as the executor, or the percentage of the distributions that are named in the will.<\/p>\n

Beyond the absence of a challenge, there is also the question of probate administration, either Independent Administration or Dependent Administration. An executor can request Independent Administration if the will says they can ask for this. If the will says nothing about administration, all the beneficiaries agree that Independent Administration is the proper course of action. In this case, the executor does not have to post bond and no court supervision is required for the executor to take the steps needed to settle the estate. However, the executor must still publish notice of the probate (to inform potential creditors of the probate) and file an inventory of the estate\u2019s assets.<\/p>\n

More information can be found here<\/a> on the Independent Administration of a decedent\u2019s estate.<\/p>\n

Contested Probate of a Will<\/strong><\/h2>\n

In contrast, Dependent Administration in Texas occurs when the estate is contested and beneficiaries do not agree on what should happen. In this situation, the Court must supervise and approve the executor\u2019s actions.<\/p>\n

According to Texas Probate Code, Section 93, an interested party can legally dispute a will\u2019s validity by filing a formal lawsuit. Under the code, an individual has two years to contest a will after it has been admitted to probate.<\/p>\n

Essentially, there are four reasons why an interested party would want to contest a will.<\/p>\n