Is There More Than One Type Of Probate For When There Is A Will? [Probate Q&A Video Series]

When a loved one passes away and has a Will, probate is the process used to distribute his or her property and assets. A question I hear often from clients is, "Are there different types of probate? And, if so, what type is right for me?"

In Texas, there are two broad types of probate. The type that best suits your needs will depend on several factors.

In this video and blog, I discuss how these types of probate are different, the situations in which you would use each, and what steps you should take to start the probate process once a loved one who had a Will has passed. Regardless of which type of probate is required, you should always work under the guidance of a trusted probate attorney.

What Are The Two Types Of Will Probate In Texas?

Texas provides two different types of probate when there is a Will: a full probate, known as "formal probate", and a simplified probate, known as a muniment of title. The main distinctions between these forms of probate are the steps required, the time the process will take, the probate requirements, and the cost of the proceeding.

The Steps Involved In A Formal Probate

When you think of a Will probate, a full probate is likely what comes to mind. This type of probate requires several steps, which should be followed under the guidance of a skilled attorney, to ensure your loved one's assets are distributed properly. The main steps include:

• Filing the Will with the court
• Having a hearing to admit the Will to probate and appointing the executor
• Publishing notice to the creditors
• Preparing an inventory and appraisement of the estate
• Dealing with creditors' claims
  
  

1. Most Texas Wills call for an independent administration, which allows the executor to act independently of the courts. This means the executor is not required to post a bond or ask the court permission to settle the estate according to the Will. An independent executor will still need to follow the steps in the bulleted list above.
   
   
2. If the Will fails to provide for an independent administration, a dependent administration will be required. A dependent administration is a less common form of formal probate. This process requires more court supervision. In a dependent administration, the executor probably will be required to post a bond to ensure his or her legal performance of their duties. He or she cannot act for the estate, including selling any real or personal property of the estate, without obtaining a court order authorizing the action beforehand, and confirmation of the action afterward.
   
   

The Steps Involved In A Muniment Of Title Will Probate

The other type of Will probate, muniment of title, is a simpler and more affordable alternative to formal probate. With a muniment of title, all you have to do is file your loved one's Will with the court and appear before a judge to have the Will admitted to probate. Essentially, a muniment of title is like a probate shortcut. 

Consult An Attorney To Ensure Your Loved One's Estate Is Probated Correctly 

In summary, there are two types of Will probate in Texas that can be followed to distribute a loved one's estate after he or she passes away. Formal probate is a longer, more complex process. Probate as a muniment of title is a simple and affordable way to ensure your loved one's assets are distributed as required in the Will. The type of probate applicable to your situation will depend on a number of factors, as outlined above.

Navigating the probate process can be overwhelming. As always, it's a good idea to work with an experienced probate attorney to ensure each step is followed correctly and that you are able to take advantage of any shortcut available.

Watch the other videos in my Probate Q&A Series to learn more about the probate process:

• What Is Probate?
• How Soon Must A Will Be Probated After A Death?
• How Long Does It Take To Probate A Will?

If you need help probating a Will in the Texas Panhandle region, contact Adair M. Buckner using the button below to schedule a free initial consultation*. 

Get A Free Consultation 

*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.