Conroe Probate Attorney

Dossey & Jones, PLLC: Your Guide to Probate Law Near The Woodlands

Understanding Probate Administration - When a person dies, legal steps must be taken to transfer the title to their property. Title to property does not pass automatically to those named in a decedent's Will. The Will must be admitted to probate and a representative appointed by the court to act on behalf of the estate. 

On the other hand, not all Wills must be admitted to probate. Whether or not a probate proceeding is necessary will depend on the assets owned by the decedent and how they were titled. Certain situations can be handled without court involvement.

Contact our Conroe probate attorney by calling (281) 410-2792 today!

What Happens When You Die Without a Will in Texas?

When you die without a will, your estate is considered intestate. This means the courts will typically distribute your assets according to Texas intestacy laws. There are several options for probate when a person dies without a will, some of which do not involve a judicial proceeding:

• Affidavit of Heirship
• Determination of Heirship
• Small Estate Affidavit

Probate for decedents that had a well-drafted will is a simpler process but still requires that the will be admitted to probate to pass title to assets. The court will also appoint a representative to act on behalf of the estate to pay all debts and taxes and to distribute the remaining estate to the decedent's family, heirs, or beneficiaries.

Understanding the Affidavit of Heirship

An affidavit of heirship is a sworn statement that establishes ownership of the property for the deceased person. This document must be signed by those who swear under oath that they had personal knowledge of the decedent's property. Additionally, witnesses to this signing must indicate they have nothing to personally gain from the affidavit.

Filing for Determination of Heirship

This option is available if the probate time period has passed, yet the deceased person still has a property in their name. Any person considered an heir can file a petition which includes

• The name and address of the deceased person
• The name and address of all heirs, with their relationship to the deceased person
• A description of the property in question

After the petition is filed, the court will hold a hearing where each heir will need to provide evidence of their relationship to the deceased.

Utilizing a Small Estate Affidavit

Similar to an affidavit of heirship, a small estate affidavit is a sworn statement that the deceased person's estate qualifies as a small estate for an expedited probate process.

Under Texas law, estates valued at less than $75,000 generally qualify as small estates. Additionally, the assets of the estate must be greater than the estate's debts, and the only real estate property owned by the deceased person was their home or homestead, which will only be inherited by those living with the deceased person at the time of their death. Finally, all heirs need to be located and all must sign the small estate affidavit.

There are additional factors that can complicate a small estate affidavit, which is why it's important to consult with a probate lawyer with experience in Texas intestacy law.