Emily Bohls Law recognizes that navigating probate can be complex and emotionally challenging for families. Our firm is dedicated to guiding clients through every step of the probate process with compassion and expertise. We work diligently to ensure that all necessary legal requirements are met, assets are properly transferred, and any disputes are resolved efficiently. By focusing on the ultimate goal of probate—transferring assets from the decedent’s name to their beneficiaries or heirs—Emily strives to provide peace of mind and support during what can be a difficult time.
At Emily A. Bohls PLLC, we recognize that navigating the probate process can be both complex and emotionally challenging for families. Our firm is dedicated to guiding clients through every step of this process with compassion and expertise. Probate serves the ultimate goal of transferring assets from a decedent’s name to their beneficiaries or heirs, ensuring legal requirements are met, assets are appropriately transferred, and any disputes are resolved efficiently.
The ultimate goal of probate is to facilitate the transfer of the deceased person’s assets. This process ensures property titles are appropriately updated, confirming ownership by those entitled to inherit under applicable laws.
The ultimate goal of probate is to facilitate the transfer of the deceased person’s assets from their name to the rightful beneficiaries or heirs designated by law or the deceased’s will. This legal process ensures that property titles are appropriately updated, confirming ownership by those entitled to inherit under applicable laws or testamentary provisions.
When someone dies WITHOUT a Will (intestate) options:
What is it?
Requirements
Bottom Line
Can be useful for surviving spouse situations; only useful for homestead property and if decedent had other assets heirs needed to access. All heirs must sign at closing.
What is it?
An affidavit that outlines the family and marital history of a deceased owners of real property that is filed in the real property records of the county where the property is located.
Need 3 affiants:usually 1 heir and 2 disinterested witnesses that know and can establish their knowledge of decedent’s family and marital history.
It is merely evidence of ownership until on record for 5 years (although not that way in practice).
Can be used even if there is a Will or no Will.
Requirements: Affiant signs in front of a notary + 2 witnesses.
Bottom Line
Only good for real property (can’t use this to access bank account, for example)
What is it?
Judicial determination of who Decedent’s heirs are.
Filed in a Court with probate jurisdiction, Judge appoints an attorney to represent missing/unknown heirs (applicant pays for this attorney), all heirs are served (formally given notice), and hearing is held.
Why not just do Affidavit of Heirship or Small Estate Affidavit?
Bottom Line
The declared heirs will be the owners of all estate property.
What is it?
An affidavit that outlines the family and marital history of a deceased owners of real property that is filed in the real property records of the county where the property is located
Need 3 affiants:usually 1 heir and 2 disinterested witnesses that know and can establish their knowledge of decedent’s family and marital history.
It is merely evidence of ownership until on record for 5 years (although not that way in practice)
Can be used even if there is a Will that has not been probated.
Bottom Line
Only good for real property (can’t use this to access bank account, for example)
What is it?
Same process as dependent administration above, but happens when all heirs cannot agree (or all heirs are not accounted for or there is a minor heir) on an independent administrator.
Administrator still has to be bonded, seek permission from court to conduct business, file accountings, and formally close the estate upon completion.
When someone dies WITH a Will (testate) options:
What is it?
Muniment of Title is a legal term for a document, title, deed, or other evidence that indicates ownership of an asset.
In Texas, a court may admit a Will to probate as a muniment of title if the court is satisfied that the Will should be admitted to probate and the court: (1) is satisfied that the testator’s estate does not owe an unpaid debt, other than any debt secured by a lien on real estate; or (2) finds for another reason that there is no necessity for administration of the estate.
Benefits
Faster and cheaper: Avoid the formal process of an administration (no executor or administrator necessary)
Perfect for when you only need to change title of property over to the beneficiaries named in the Will
How does an Estate qualify?
The estate must have NO debts (including no Medicaid claim) other than those secured by real property (mortgages, property taxes, etc.)
How does it work/process?
Application is filed by interested person (usually the named executor/alternate executor or beneficiary)
Simple hearing to admit Will (no executor is appointed…the Will is evidence of ownership and can be presented by any beneficiary as proof of ownership)
Order certified copy of Will and order admitting Will
Bottom Line
File certified copies of above in real property records where property located AND/OR present certified copies of above to people/institutions in custody of estate money or assets.
What is it?
Contrast from Muniment of Title: Here, there is a reason a representative (executor) needs to be appointed in order to identify, collect, administer and distribute (including to creditors) the estate.
The executor (or alternate executor) is appointed in the Will and nominated to serve independent of court supervision and without the necessity of a bond (the default in Texas is a dependent administration, as discussed below).
Process
Bottom Line
The executor will have the authority to pay debts, gather, sell, distribute estate property after the oath is administered and the executor receives Letters Testamentary.
What is it?
Default in Texas is dependent. “Letters of Administration” instead of “Letters Testamentary”
Why?
Will made the administrator dependent (keep things in check) Will failed to properly make the executor independent and all beneficiaries couldn’t agree.
Process
Same as above, but in order to manage affairs, the dependent administrator must file an application with the court before doing anything…like selling personal property or real estate and approving/paying claims. Administrator must be bonded to cover all liquid assets of the estate Administrator must make and file annual accountings Also, must file a final accounting and formally close the estate once completed
Bottom Line
The administrator will have authority to do same as independent administrator after the oath is administered and the administrator receives Letters of Administration; however, this is just the first step…the administrator must get court to authorize and confirm all acts of the administrator.
What is it?
An affidavit that outlines the family and marital history of a deceased owners of real property that is filed in the real property records of the county where the property is located
Need 3 affiants:usually 1 heir and 2 disinterested witnesses that know and can establish their knowledge of decedent’s family and marital history.
It is merely evidence of ownership until on record for 5 years (although not that way in practice)
Can be used even if there is a Will that has not been probated.
Bottom Line
Only good for real property (can’t use this to access bank account, for example)
Non-probate assets encompass a variety of holdings that bypass the probate process upon the owner’s death. These include:
Real estate typically does not automatically transfer through right of survivorship unless specifically stated in the deed or ownership structure, underscoring the importance of clear estate planning to ensure seamless asset distribution according to your wishes.
At the Law Office of Emily A. Bohls, we assist clients in navigating the complexities of probate law, including the identification of probate assets essential for estate administration. Probate assets typically include:
Additionally, bank and retirement accounts lacking specified beneficiaries or designated as part of the estate fall under probate jurisdiction. Our firm ensures thorough understanding and meticulous management of these assets to facilitate a smooth probate process, safeguarding our clients’ interests and ensuring compliance with legal requirements.
I always have a new probate client complete a questionnaire that accomplishes a few things: (1) provides me with the information I need to complete the application I file with the court and (2) helps the client think of assets and other things that they may have forgotten or not considered.
The last page of the questionnaire lists some common documents, including a copy and/or the original of the will, that I need during my representation.
Once I receive the completed questionnaire and supporting documentation, including a copy and/or the original will, I complete the application and email to the client for review.
After client approval, I e-file the application and a copy of the will with the clerk. The clerk will assign the case to the particular court.
The original will must be filed at the courthouse within 3 business days of the filing of the application.
After filing, the application to probate the will gets “posted” at the courthouse for a period of approximately 10 days. After that posting period passes, we may approach the court to set the hearing.
In some counties, the hearing will be held via zoom and other counties have their hearings in person. The hearing is a simple hearing that goes rather quickly. Below are the usual questions I will ask the client:
Once the hearing is over, the client will sign their testimony in a document titled “Proof of Death and Other Facts”. After the judge signs the Order Admitting the Will to Probate, the client will then sign the “Oath of Executor”.
Letters Testamentary will be ordered after the Oath is filed. Depending on the county, the letters can be given to us the day of the hearing or mailed to the client within 2 weeks after the hearing.
“Letters Testamentary” is the term for the legal document that gives the executor the authority to manage the affairs of the Decedent.
Within 30 days of qualifying as executor (the date of qualification is the date the Oath is administered and filed), the executor must cause to be published a “Notice to Creditors” in a newspaper of general circulation in the county where probate was filed. It is customary for the attorney to handle this step.
Within 60 days of qualifying as executor, the executor must provide notice to all the beneficiaries named in the Will that the Will was admitted to probate. A beneficiary may also sign a waiver that states they received a copy of the Will and know it was admitted to probate. If a beneficiary is unable or unwilling to sign a waiver, the executor must send this particular notice by a trackable method.
Within 90 days of qualifying as executor, the executor must file an inventory, appraisement and list of claims (the “Inventory”) pertaining to the estate. The Inventory is a written instrument that contains a verified, full, and detailed inventory of all estate property that has come into the representative’s possession or of which the representative has knowledge. The Inventory must include all real property located in this state and all personal property regardless of where the property is located. The Inventory must specify whether the property is separate or community property. The Inventory must list the fair market value of all assets.
In Texas, an independent executor may elect to file an “Affidavit in Lieu of Inventory” with the Court, as opposed to a public Inventory, which states that all of the known debts of the Estate have been paid and all beneficiaries have received a verified, full, and detailed inventory of the estate.
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Welcome to The Law Office of Emily Bohls, where we specialize in providing expert legal services in Wills, Estates, Probate, and Guardianship matters. With years of dedicated practice and a passion for helping families in Texas, Emily ensures that every client receives knowledgeable, compassionate, efficient, and cost-effective representation.
