The Probate Process in Denton

Probate is the legal process that transfers title of property from the estate of the person who has died, known as the “decedent”, to his or her beneficiaries.  Probate is usually required when the decedent owned real property or financial accounts.

A Will is a legal document written to ensure that upon the Will writer’s death, the writer’s property is given to the people specified in the Will.  For a Will to have any legal effect, it must be “proved-up” in a Probate or County Court to prove it is valid.  An application for probate of a Will should be brought within four years after the death of the person making the Will.  The application may be made by the executor named in the Will or by any person interested in the estate.  Persons interested in the estate include heirs, devisees, spouses, creditors, and any other persons having a property right in, or claim against, the estate.

In addition to offering the Will for probate, the applicant can request that the Court open an administration of the decedent’s estate if there is a necessity for administration.  Such a necessity shall be deemed to exist if two or more debts exist against the estate, if it is desired to have the court partition the estate among the distributees, or if other instances of necessity exist.  If a necessity for administration exists, then the court can order an administration of the estate.