Working with Private Attorneys. Professional Use Only Forms. Search Search. My family member died but did not leave a will. What do I need to do? Examples of property that does not need to go through the probate process include: Life insurance. If the life insurance policy has a living beneficiary, the beneficiary should contact the insurance company directly about receiving the benefits. Bank accounts. The money can be accessed from the account by taking a death certificate to the bank.
Retirement accounts. If there is a retirement account, contact the company managing the account directly to find out about the beneficiaries and any payout.
If there is a Transfer on Death Deed TODD related to any real property such as land or a house , the deed may transfer the real estate without the need for probate. I need help understanding common probate terms.
Where do I file for probate? Who are the heirs to an estate when someone dies without a will? What are some other helpful resources if I want to learn about probating an estate without a will? Read More. The courts have this view because they believe that only a licensed attorney is allowed to represent others in court. There are few situations where an executor can probate a Will without being represented by an attorney.
The first things you need to understand before probating a Will is the meaning of the following legal terms:. The first thing you need to do is file an application with the probate court. The application must include information such as the date of death, the name and address of the deceased, and identities of the heirs.
After filing, submit a copy of the Will to the court. A clerk Will put up a notice of your application and after two weeks there will be a hearing before the probate judge. The first question they ask is whether it will be necessary to retain an attorney to go through the probate process.
Most courts in Texas require an executor to be represented by an attorney in a probate matter because an executor not only represents himself, but also the interests of beneficiaries and creditors. Since under Texas law, only a licensed attorney can represent the interests of others, preparing and filing pleadings in a probate matter without the assistance of counsel would constitute the unauthorized practice of law. Texas courts cite limited circumstances when an executor can probate a Will without being represented by an attorney.
If the decedent executed a last will and testament before her death, the will must be admitted to probate. Two common procedures may be used to probate a will in Texas: "muniment of title," which is often accomplished without the need to hire an attorney, and the more formal "issuance of letters testamentary," which generally requires the services of an attorney.
Obtain a certified copy of the death certificate. Locate the original last will and testament. To probate a will, the original must be produced -- a copy will not be acceptable to the court. If the will is not found among the decedent's belongings, check with a family member, close friend or the decedent's attorney. Select the appropriate probate procedure.
If the estate has no significant debts to be paid and the administration issues are limited to passing title to property, you may use the probate of will as muniment of title. For all other situations, the estate must generally follow the probate of will and issuance of letters testamentary.
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