Emergency Probate Proceedings

In most cases, getting a decedent’s Will formally admitted to probate can be a bit of a time-consuming procedure. The Will must be located; an application must be completed and filed; and a hearing scheduled following notice by posting. The time between application and actual receipt of letters of administration will often be weeks. For some families, the delay is not unduly burdensome; for others, the time lapse produces a great hardship for the heirs. In certain circumstances, a family may need to petition the probate court for emergency intervention.

For example, in most cases, a decedent will not have pre-paid for final expenses of a funeral and burial. It is not uncommon for the estate’s personal representative to pay these expenditures, well before he or she is formally appointed as such. Often the personal representative will have signing authority on the decedent’s bank account, which he or she may take advantage of to use estate funds for these expenses. Other times, a family member will offer to advance the cost of the funeral and burial prior to a personal representative being appointed. If, however, the representative is unable to obtain the funds from any such source, he or she may be eligible under Texas law to file for an emergency intervention to obtain the resources to pay for the funeral and burial of the decedent.

Certain requirements must be met in submitting such an application, including strict timetables and parameters on who may file. Generally, the application may be made by any person qualified to serve as the estate’s administrator, and must be submitted between the third and 90th day after the decedent’s death. Other requirements will apply, such as that there be no application to probate yet filed, nor a small estate affidavit initiated.

As the application must adhere to specific guidelines, it is most advisable to consult with a qualified Texas probate attorney if your family’s circumstances warrant the use of such an emergency probate procedure. For more information on emergency interventions or other probate proceedings, we invite you to call the qualified Houston probate attorneys at Garg & Associates today.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.