For information purposes only...

As a TX probate lawyer, absent using a revocable trust or other transfers of
a complete interest in property in Texas it is very common to need to
probate the Will. Texas has a model probate system - provides for speedy
independent administration (less court supervision). There is even an
abbreviated probate procedure known as "muniment of title" that, if the
decedent had no debt other than real estate-secured debt you can do that
makes the process cheap and quick. For instance, the average muniment of
title probate fees are around $500-$1,000 in my geographic area. The
average 'full blown' letters testamentary (i.e., independent administration)
probate runs about $2,000-$3,000 in this area, depending on the complexity
of the estate, the sufficiency of the Will, and the cooperation of the
beneficiaries, and whether there is estate tax issues to deal with. I don't
know the facts of your case, so these broad ranges may or may not be
applicable and are only offered to give you a BROAD idea of what to expect.

Of course, with every profession comes bad apples as Michael has suggested.
Hire someone that does probate, that you feel comfortable with, that will
quote you a fee up front, and go forward. But just remember that there are
bad attorneys, bad doctors, bad CPA's, bad plumbers, etc... Don't let
horror stories and "This happened to a friend of a friend once so it must be
always true" type stories to discourage you. Probate in Texas is pretty
straightforward and inexpensive compared to other states. You can't compare
probate in Texas to other states, especially not California (seems to be a
source of probate horror stories out there). From the time you file the
Will for probate you should have a hearing within 3-4 weeks (depending on
city) and should be done well within 2 months if all goes normally.

Just hire a lawyer and get it over with, if its necessary.

Good luck.

Jason
Attorney, CPA
Sherman, Texas

I am not your lawyer. This is not legal advice. Do not rely upon this for
anything. I am also not your accountant, etc..


"Michael T Wing CPA" <mtwingcpa[at]yahoo.com> wrote in message
news:VA.00000a7e.0039ee14[at]yahoo.com...
- quote -

HW "Skip" Weldon <skip5700[at]yahoo.com> wrote:

- quote -

True, but I have seen situations where an attorney ~recommended~ going
through probate even though it was not technically required. Perhaps the
poster should seek a "second opinion" on this point from another
knowledgeable attorney in Texas.

MTW

HW "Skip" Weldon wrote:
- quote -

The Court then
- quote -

I would substitute "determines the legality & validity of the
WILL, in accordance ith State Law's. If it finds that the WILL
is in fact VALID, then it instructs the (P.R. in Florida, but still
Administrator/trix in many States) to pay all of the Decedents
outsatnding bills, and distibute the balance if any.


Depending on the
- quote -

For the record, the word PROBATE, loosly translated means
"to prove". That is wjat the court is charged to do.

Cal Lester CLU

NOTE: This is NOT legal Information, as I am NOT an Attorney, and
do NOT practice Law.



--
Some people are only alive because it is illegal to kill

This signature file is generated by Pick-a-Tag !
Written by jeroen[at]vanbaarsel.net

On 12 Sep 2003 17:15:01 GMT, carkenord[at]juno.com (Lee Carkenord) wrote:


- quote -

Ok, few words. I haven't consulted a Texas dictionary <grin> , but
around here probate is the process whereby the decedent's Personal
Representative (PR) submits the deceased's Will to the Probate Court,
along with other required forms and documents. The Court then
approves the Will, enabling the Personal Representative to distribute
assets in accordance with the Will. Depending on the
complexity/makeup of the deceased's affairs and skill of the PR, this
takes varying amounts of time.

To begin, the PR could call the Probate Court and asks where to start.
IMO that is the appropriate place to get detailed answers to your
question. Plan B is to hire an attorney to handle that work (and I do
mean work.)

- quote -

The only person who had a choice about Probate was the deceased. He
either arranged his affairs to avoid/reduce probate or he didn't. The
heirs have no choice.

As for financial pros and cons, the heirs get free money. What's not
to like about that? <grin

-HW "Skip" Weldon
Columbia, SC