Prepare the appropriate documents to file with the court in the Texas county where the decedent lived at the time of death. A "petition for probate will" needs to be filed in all cases. The person named as the executor in the will generally applies to probate the estate. The need for a...
The Complete Guide to Settling an Estate in Texas Probate can be a complicated process during a difficult time in many people's lives. How to Probate and Settle an Estate in Texas can help you understand, prepare for and work through the process of handling an estate in Texas. Written in...
According to the Texas Estates Code, the executor hasfour yearsfrom the date of the decedent to file for probate of the person's estate. If the executor does not file the will within that period, the laws of intestacy will determine how the assets of the estate will be distributed. If t...
California Probate Code Section 13100 allows survivors to transfer property via simplified probate procedures. In fact, they may avoid probate entirely by filing a "small estate" affidavit. The value of the deceased's property must be less than a certain amount. All an heir has to do is prepa...
What is required to have testamentary capacity in Texas? A testator must be of sound mind to make a will. That is, a testator must have testamentary capacity. Testamentary capacity means: Sufficient mental ability, at the time of the execution of the will, to understand the business in wh...
Additional information to consider Below you’ll find common questions and other factors impacting an estate settlement. Keep in mind that the answers can vary based on the state of residence of the deceased. Convenient ways to reach us
February is also the month when the Oscars are awarded in Hollywood. I don’t know about you, but to me, Hollywood seems like an entire planet away from where we are in the Lone Star State. And the closest that most Texas lawyers could come to Hollywood would entail becoming ente...
In some states, it’s unlimited (hi there Florida and Texas!). In others, it’s effectively nothing (Kentucky and Tennessee come to mind). If you transfer real estate into a structure, you might lose this protection. Check with your state rules on such things. A basic living trust is ...
When the constable finds the spouse and gets the divorce papers signed, the constable will fill out the form telling the probate office that the divorce process is underway. The divorce papers may be returned to the person seeking the divorce. In this case it is the petitioner (who started ...
Different states have different laws concerning probate and whether probate is required after the death of a testator. Some states have a specified estate value, which requires probate. For example, probate laws in Texas hold that if the value of the estate is less than $75,000, then probate...