What is the process for probating a will?

To begin the process, an application for probate will need to be filed in a Texas Probate Court.

Once the Application has been filed, Texas Estates Code requires that you must wait approximately 2 weeks before you can have a hearing on the probate application.

During the 2 week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to anyone who might want to contest the Will that they have a certain number of days to do that. If they fail to file their contest within that period of time, the Court can move forward in recognizing the validity of the Will.

Once the waiting period has passed, a hearing will be conducted before the Probate Judge. At that time, the Judge will recognize that the Decedent has died, that the Court has jurisdiction of the case, that the person applying to be the Executor is qualified to serve, and that the Decedent died with a will that was valid.

For more information visit the Probate Web Page.

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