Taking Legal Challenges Head-On

What proof is needed to probate a will under Texas law?

On Behalf of | May 24, 2022 | Uncategorized

Texans pride themselves on being fully prepared for every eventuality. That extends to creating an estate plan that will determine how their property will be distributed, the way in which loved ones will be cared for and to address financial concerns. Part of the process after the person – the testator – has died is going through probate. While this might seem to be complex and confusing, it does not need to be. A key is knowing about the general proof that must be provided under state law for the will to be probated.

Understanding proof when probating a will

Some of the requirements might sound obvious, but all must be known when going through probate. First, the testator must be proven to have died. There are time limits with probate, so the application must be made within four years of the date of the testator’s death. The court in which it is filed must be in the jurisdiction and venue of the estate. The citation must have been served and returned.

There are other proof requirements. These include proving that the will was not revoked by the testator. Also, if the will was not self-proved, the testator must have executed it based on the law; been of sound mind at the time; was 18 or older; was or was previously married; or was part of the U.S. armed forces at the time.

Preparing for probate is a vital part of an estate plan

Regardless of the size of the estate, those who have chosen to have a will instead of other estate planning options should know how to ensure the process is uncomplicated and works as they wanted it to when they crafted the plan in the first place. Whether it is someone who was a blue-collar worker and had limited assets or a person who accrued substantial assets, probate is important.

Any misstep or problem with the will can cause unnecessary obstacles, so it is best to try to avoid them. Adhering to the fundamentals and having professional guidance throughout the process can make it as smooth as possible. Even if challenges arise, these can be addressed effectively with adequate preparation from start to finish.