by Sherri Lund
Probate in the greater Houston area is a long and complex process. This article provides ideas and strategies for streamlining the process, enabling you to feel more confident and at ease as you work through your Texas probate case.
This article addresses these probate questions:
What is probate in Texas?
How long does probate last?
Why does probate take so long in Houston, Texas?
What does the Personal Representative do when they probate an estate?
What can you do to quicken your probate case?
How does Willow Wood Solutions speed up the probate process?
How do I streamline my probate case in Texas?
If you are currently dealing with a Texas probate estate and wonder, How can I possibly get all this stuff done?... keep reading. We're here to help.
What is Probate in Texas?
In a nutshell, probate is a term that describes the legal process of distributing someone's property after they pass away.
Probate follows procedures designed by the state of Texas to ensure a person's final wishes are carried out regarding their estate. The goal is that the rightful heirs receive their inheritance.
How long does probate last?
Probate is a big deal. It takes time for the Personal Representative to gather important documents, assess the value of an estate, and make sure the right people get the benefits. They can work for months, maybe years, on a probate estate. This fact surprises most people.
Research conducted by EstateExec found:
"On average, it takes almost 16 months to settle an estate. Very small estates (<$10K) have a somewhat shorter settlement duration, and very large estates (>$5M) take almost 3 times as long, but in between those extremes, duration is fairly unrelated to size. Roughly 80% of all estates are settled within 18 months."
Fortunately, probate cases in the greater Houston area average slightly less than this report shows. Actual times vary depending on the size and complexity of the probate estate.
Why does probate take so long in Houston, Texas?
Several factors play into the length of a probate case.
Probate cases must follow the conditions of the Texas probate court. The court requires time to locate beneficiaries and notify creditors. This part of the process cannot be changed.
Dying without a valid will complicates the probate process and requires more time. The presence of a will can speed up probate. When there is a will, the process is more straightforward. An Executor is named, and benefits are distributed as described. But it's a different story without a will. Then the court must assign an Administrator, uncover all the heirs, and divide the estate equally. These cases can drag on and on and on.
In a typical year, more than half of US probate cases do not have a will. And surprisingly, the pandemic didn’t affect those numbers. According to a Gallup poll released in June 2021, only 46% of the adults in the US have a will.
Covid has significantly impacted how long probate cases last. The New York Times reports that since February 2020, more than 965,000 people have died from Covid in the United States. As a result, thousands of people have passed without a will and there are more cases on the calendar than usual.
Probate cases can be also slowed down for a number of reasons that include (but are not limited to): heirs cannot be located, the will is contested, or the heirs have a dispute.
It takes time for any probate case to process, but especially during the pandemic. There are obvious things we cannot control. But, there are ways we can make the process more efficient and effective… and translates to less stress. That’s where we focus our attention.
How does the probate process work in Harris County, TX?
To make the best progress with your Texas probate case, you'll first want to make sure you file in the correct probate court.
The probate process in Harris County follows the same procedures as other Texas probate courts but each one has its own way of doing things. Pay attention to your county’s probate requirements, and follow the steps in order.
Generally, probate follows the steps listed below. The Personal Representative for the estate is involved in each step.
Submit the probate application to the court. Wait two weeks.
Validate the will. A judge will appoint an Executor if there is a will or assign an Administrator if there is no will.
Maintain the property. This includes the physical property (grass, house, etc.) and accounts. The Personal Representative is expected to keep the property safe, pay the mortgage, and more while working on the probate process.
Inventory all assets. The Personal Representative creates a list of all bank accounts, real property, investments, etc., and determines its value. They have 90 days to complete this.
Identify the beneficiaries named in the will. If there is no will, the court will search for heirs. The state of Texas has specific guidelines for determining who the heirs are. It will divide the value of the estate equally between all rightful heirs.
Notify all creditors. This allows them time to file claims against the estate.
Pay taxes and creditors.
Settle disputes between heirs. This step is only required when the will is contested. When this happens, it significantly extends the length and expense of the probate case.
Distribute the assets to the heirs. If there is money remaining in the estate, it is distributed to the beneficiaries.
Finalize the case. A judge reviews the proceedings and declares it closed.
The Probate Process [ Infographic ]
What does the Personal Representative do when they probate an estate?
Entire books have been written about the responsibilities of a Personal Representative on a probate case. We have some helpful titles in our Resource Center.
Briefly, the Personal Representative is expected to:
Identify, appraise, and protect the assets of the estate
Probate the will (if there is one)
Manage finances and pay off estate debts
Locate beneficiaries and distribute assets
While this may seem like a simple list, each step takes time to complete. Eventually, the Personal Representative will make their way through the probate steps and manage the estate over time. They will give account to the court on how they handle things. They can do this with confidence if they are prepared and know what they're doing.
“Maybe the single, most important thing you can do to expedite the probate process is to see that the Personal Representative gets assistance.”
What can you do to quicken your probate case?
As I already mentioned, the probate process takes time. There are specific legal, financial, and personal tasks that must be done. And, as the one in charge, the Personal Representative is the only person who can do them. Fortunately, they don't have to shoulder everything.
Qualified people can help with other details to expedite the probate process. When you delegate those tasks, you can breathe a little easier and save your time for things that need your attention.
Who can help the Personal Representative?
Attorneys. Attorneys play a significant role on the probate team. However, their expertise is in the courtroom. Attorneys are essential but usually, do less outside the courtroom than most people think.
Beneficiaries. Family and friends can also help as long as they don't add stress or confusion.
Community. People in our community can be great resources when you find some capable ones.
Willow Wood Solutions. We can be boots on the ground, helping with issues big and small.
How does Willow Wood Solutions speed up the probate process?
We work hard to make the Personal Representative's job easier.
We've created our business to offer three tiers of support:
Support the family. We know how challenging life can be after a loved one passes. That's why we're here. During a life transition like probate, people need empathetic and knowledgeable professionals to answer questions, offer suggestions, and provide solutions.
Tend to the estate. Our team can tackle just about any job. We focus our attention on issues outside the courtroom. We work in tandem with the legal system, helping you meet critical deadlines.
Empower the Personal Representative. This is where we really shine. We help clients so they can take care of their duties and live their life outside of probate. They can still work a full-time job and enjoy a busy family. And if they require specialized care for themselves, it's not interrupted.
We bring all our training and experience to respectfully relieve clients of tasks that consume time and sap energy. As we check things off the To-Do list, attorneys can work efficiently, money gets saved, and the case is closed.
“We believe amazing things can happen in the greater Houston area when people work on the probate process together.”
How do I streamline my probate case in Texas?
To close your probate case quickly, education is key. Probate takes time and attention. As you learn about the process and what’s expected, you can create a plan that works for you. Asking for help is another way to ease your stress and pick up speed.
And that's why we're here. Willow Wood Solutions wants to help. We offer education and support to our community so they can navigate probate in a difficult season and learn how to avoid it in the future.
If you're new to Texas probate and trying to learn it on the fly, it will be hard. Thankfully, you don't have to do it alone.
Reach out and let us know what you're looking for on our Contact page. If you need immediate assistance, call us today at 832-823-9635. We'll do our best to lighten your load.
Additional resources you might find helpful:
Our Resource Center has tools to help you with probate.
Download the Checklist
If you found this article helpful, I'd love to hear from you! You can reach me through the Contact page or message me on Facebook, Instagram, or LinkedIn. Be well!
Sherri Lund is a Certified Probate Expert, Life Coach, and mental health advocate. As the owner of Willow Wood Solutions, she uses her extensive training to provide thoughtful and compassionate guidance to Texas families in probate.
Disclaimer: Please note that Sherri Lund and Willow Wood Solutions do not offer legal services. Any information in this article should not be misconstrued as legal advice. We recommend that you seek the advice of an attorney, CPA, or tax attorney regarding any decisions about your probate in Texas.