What is probate?
Probate is the legal process by which a court oversees the settlement of an estate after someone dies. Assets that typically pass through probate are those that don't pass through title. This often includes real estate, tangible personal property, bank accounts and investment accounts, etc. See the probate terms page for plain-language definitions.
Do I need to know the probate path to get started?
No, and that's exactly what we're here for. We'll ask you a few questions and determine the best probate path for your situation.
Which probate paths does it cover?
Legacywyse covers small estate affidavits, affidavits of heirship, muniment of title, Letters Testamentary, and both independent and dependent administration.
What is an executor?
An executor (sometimes called "personal representative") is an individual named in the will who will administer the decedent's estate through probate. The role of an executor is to ensure that a loved one's legacy is implemented according to their wishes. They are usually responsible for things like maintaining real estate, establishing bank accounts, creating an inventory, filing tax returns, paying the estate's debts and resolving any outstanding creditor claims, and distributing remaining assets to beneficiaries.
How long does it take to settle an estate through probate?
A simple estate may be completed in as little as 3 months, while more complex situations can take a year or even several years.
Is this legal advice?
No. Legacywyse provides general information about probate. It does not replace a probate attorney.
Which counties are supported?
Legacywyse supports all 254 Texas counties with forms and guidance based on statewide Texas probate rules. Dallas, Tarrant, Collin, Denton, Harris, Travis, and Bexar counties include richer local filing details. Local court procedures and filing requirements can change, so confirm current requirements with the county clerk or assigned court before filing.
What does it cost?
The core of Legacywyse are completely free. Advanced inventory tools and notary services are available on our Legacywyse Pro plan.
Will I need a lawyer?
Some estates will require the assistance of a lawyer. These include contested estates, estates with minor beneficiaries, estates that are insolvent, and those that require court-supervised administration or have disputes between heirs. Legacywyse can identify these situations so that you can seek the assistance of an attorney prior to filing any documents with the court.
Can I use it if there is no will?
Yes. Legacywyse can determine whether a no-will option, such as small estate affidavit, an affidavit of heirship, or an administration would be appropriate for your estate.
How is my privacy handled?
Your information is kept private to your account. Legacywyse is built upon bank-level infrastructure. See the Privacy Policy for more information on what Legacywyse collects, how it is used, and whether it is shared with any third parties.
Can other family members take part in the process?
Yes. The executor of the estate can invite other heirs or family members to view the tangible property that the deceased owned and share their preferences for the distribution of the property. The executor retains control over the final decision regarding the distribution of the property.