Probate is the legal process of administering a decedent’s estate, which can often feel complex and time-consuming. However, when handled correctly, probate in Texas is a manageable process, especially with a knowledgeable team guiding you through each step. Having assisted over 2700 families in the state of Texas, we can simplify this experience for you, ensuring all legal obligations are met.
The truth is, when executed correctly, selling a home through probate in Texas can be broken down into just four simple steps. However, the combination of apprehension and ease can make individuals susceptible to various probate scams. Here’s what you need to know.
The Probate Process for Texas Homeowners
When an appropriate legal trust is lacking, probate court and procedures often ensue following an individual’s passing. Probate entails settling the decedent’s debts and transferring their property (held solely in their name and not otherwise legally dispersed) to beneficiaries and heirs.
The Texas probate process involves four main steps.
- The first step involves filing a petition with the probate court to admit the will and appoint an executor or, if there’s no will, to appoint an administrator of the estate. A hearing date is set, and notice of the hearing is published locally.
- After being appointed by the court, the decedent’s personal representative gives notice to all creditors, and an inventory of the estate is made.
- After determining which claims are legitimate, the personal representative pays all expenses, debts, and taxes from the estate. Sometimes, this involves selling estate assets to meet obligations.
- Assets (legal title to a house, for instance) are disbursed according to the decedent’s wishes expressed in the will or, in case there is no will, according to the state’s intestate succession laws.
That’s all of it for the probate process for a Texas property and the estate as a whole. Stay vigilant for any potential scams that may arise during this time.
Avoid These Common Probate Scams
These are some new digital twists on old style scams and estate frauds that owe their new effectiveness to the growth of the internet. They always, however, target the vulnerable in our population.
- Probate Avoidance Scam – The perpetrators of this scam usually target the elderly. It involves persuading victims to buy fraudulent products that purport to help them avoid probate, for example, a very expensive living trust kit. Once the scammers have the money in their hands, they either never deliver or provide a product that is actually legally useless.
- Inheritance/Estate Tax Scam – Some states still levy an inheritance or estate tax. Using a trusted person’s or organization’s name, scammers contact potential executors/personal representatives informing them that they stand to inherit a bunch of money. The only catch is that – because in these states the tax must be paid before probate can go forward – the victims must first send the scammers an inflated tax.
- Fraudulent Listings Scam – This one owes its effectiveness to the popularity of sites like Craigslist for home shoppers, especially renters, and applies particularly to the probate process for a house in Texas. Scammers research the property of recently deceased individuals and advertise it for rent. Then, when the scammers collect the deposit and first month’s rent, they disappear, leaving the people engaged in probate to deal with the upset victim.
Having assisted in over 2700 real estate transactions across Texas, we’ve helped families navigate not only the probate process but also quick cash sales and traditional home listings on MLS. Our experience ensures that no matter how complex the case, we provide the right guidance and support for a seamless experience.
We’ve seen firsthand how daunting it can feel. But with the right guidance and a clear understanding of the steps, such as appointing an executor and managing debts, families have successfully settled estates in as little as six months, even in complex cases.
As recognized by the Texas State Bar, being vigilant against probate fraud and understanding legal requirements like intestate succession (Texas Estates Code Chapter 201) are critical. In fact, probate fraud accounts for 10% of all elder fraud cases reported in Texas each year, making awareness a key defense strategy.