What Does the Process Entail? How Will It Change in 2025?
There may be no greater gift you can leave your loved ones than a well-designed estate plan. It frees your heirs from worries about material things and lets them focus on working through their grief and loss. Even so, studies consistently show that only about one of every three Americans has an estate plan in place to ensure the orderly distribution of their assets upon death. What does the probate process look like in Texas? Are there any changes for 2025 that might mean you need to update your estate plan with the help of your attorney?
An Overview of the Probate Process in Texas
The purpose of the probate process is to ensure the orderly transfer of property after a person’s death. When there is a valid will in place, it will go through the probate process, with the court seeking to confirm the validity of the will and overseeing the distribution of property according to the terms of the will. When there is no will, the Texas laws of intestacy will govern the distribution of the estate.
To initiate probate when there is a will, the will must be filed with the probate court. Once the will is filed, the probate court will schedule a hearing. At the initial probate court hearing, the judge will acknowledge the death of the party who executed the will, verify that the person seeking to be named executor is fit to do so, and confirm that the deceased had a valid will in place at the time of death. As a part of this proceeding, the court will issue “letters testamentary” to the executor, which the executor can use to validate their legal authority to act on behalf of the estate in order to access financial accounts, sell property, etc. Usually, the person to serve as executor is named in the will.
The probate court will post a notice at the courthouse stating that the will has been filed. That notice must remain in place for at least 10 days. If, at the end of the 10-day period, no one has filed any type of challenge to the validity of the will, the court will confirm its authenticity and authority. This will not preclude a party from subsequently contesting the will, but it allows the process to move forward.
Once the executor has been appointed and the will verified, the executor must put together an inventory of all the assets held by the estate, identifying the fair market value of all items. The executor may also be tasked with:
- Notifying beneficiaries or creditors of the terms of the will
- Paying any final debts of the deceased from the proceeds of the estate
- Filing any required tax returns
- Selling assets of the estate, if necessary
- Retitling of property, when appropriate
The executor must also take the necessary steps to address any disputes related to the estate, including controversies over the validity of claims, the value of assets, or the legitimacy of the will. In most instances, these matters are resolved through probate litigation.
Once all issues in controversy are settled, the assets of the estate will be distributed to the named beneficiaries.
What Changes Are Expected for Texas Probate Proceedings in 2025?
Individuals with high net-worth estates need to be aware that the considerable federal estate tax exemption is set to be dramatically reduced at the end of the year. Currently, individuals can claim an exemption of $13,990,000 on a federal estate tax return. Effective January 1, 2026, that exemption will be reduced to approximately $7,000,000 under existing law. However, with a new administration in place, it’s possible Congress will pass a law extending the current exemption.
In addition, Texas will see the creation of a number of new probate courts in 2025, which should help reduce backlogs.
Come to Bailey & Galyen for Strong Estate Planning Counsel in 2025
At the law offices of Bailey & Galyen, we bring more than 40 years of experience to individuals and families across Texas who have questions or concerns about protecting their estate and distributing their net worth after death. We can help you understand the different estate planning tools, so you can put a plan in place that accomplishes your objectives.
We will prepare and/or review all documents necessary to initiate or update an existing estate plan, and we will help make certain your plan is implemented. To learn more about how we can help ensure that your estate plan is effectively designed to accomplish your goals, contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
