Probate

Where Should A Will Be Probated In Texas?

December 5, 2011

According to Section 6 of the Texas Probate Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence. If the decedent was not domiciled in Texas and had no fixed place of residence in this state, the proper venue depends on [...]

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Can I Transfer Property in Texas With a Foreign Will?

June 20, 2011

Occasionally, people own property in Texas but reside in another state or country at the time of their death. As a result, they make wills that comply with the laws of the state or country where they reside, rather than in accordance with Texas laws. The Texas Probate Code addresses this situation. In Texas, the [...]

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How Long Do I Have to Contest a Will?

March 28, 2011

Section 93 of the Texas Probate Code provides that “After a will has been admitted to probate, any interested person my institute suit in the proper court to contest the validity thereof, within two years after such will shall have been admitted to probate, and not afterward…” There are two exceptions to the general rule: [...]

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How is a Personal Representative of an Estate Appointed?

August 30, 2010

There are three ways in which a personal representative of an estate is appointed: A personal representative can be appointed by a will of a testator, who designates one or more people to serve as Executor. The beneficiaries under  a will can choose someone as personal representative if the decedent died intestate (without a valid [...]

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How Much Court Involvement Is There In The Probate Process?

July 26, 2010

In Texas, the level of court involvement in the probate process depends on whether there is a dependent or independent administration. Independent adminstration Texas allows independent administration of an estate when the testator provides his or her will that there should be no action in the probate court in the settlement of the estate other [...]

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Is Probate Always Necessary?

July 19, 2010

Probate is not necessary for many items of personal property. For example: There are many assets such as life insurance proceeds, IRAs, pension plans and retirement accounts that pass outside the will to beneficiaries named by the decedent. Additionally, property held by the decedent and others as joint tenants with rights of survivorship, such as [...]

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