If you have an individual you trust to handle your estate, you can name that person your “Independent Executor” in your Last Will and Testament. An Independent Executor acts independently of the probate court. Once you pass away, your Will is filed for probate and approximately two weeks later, a hearing can be set. Under oath, your Executor or member of your family states a) the facts concerning your death; b) your residence; c) your family situation; d) the filed document is your Will and has not been revoked; and e) the Executor is qualified to serve.
Your Independent Executor signs an oath stating that he/she will perform his/her duties properly. Your Independent Executor never goes to court again; no further hearings are required. The only other required action required is that your Independent Executor must notify the heirs of the estate and prepare an Inventory of your assets which are subject to probate. The Inventory can either be filed of record or given to all heirs of the estate. Assets such as retirement plans and life insurance policies with a beneficiary designated pass directly to the beneficiary and are not part of your probate assets. The cost for probate in Texas is $3,000 to $5,000. The cost has increased in recent years due to the addition of a provision requiring notice be given to all beneficiaries of an estate. This amount does not include costs related to the administration of an estate, transferring title, funding the trust, or preparation of tax returns.
The probate hearing usually takes place about a month after filing the Will with the court. This time frame assumes there is no Will contest. Texas statute requires that the Will be on file until the Monday after the lapse of ten days. In Bexar County the available dates for the probate hearing are about 3-4 weeks after the Will is filed for probate. Depending on the court’s docket the hearing may be further delayed. However, with a Revocable Living Trust in place, the successor Trustee can begin to act immediately.
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