From the category archives:

Probate

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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When Should I Probate a Will?

June 21, 2010

Generally, a will should be probated as soon as possible. The Texas Probate Code requires that a will be probated within 4 years of a testator’s death. If more than four years has elapsed, the testator will be treated as though he died without a valid will, and the Texas intestacy statutes will determine how [...]

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How to Access a Deceased Person’s Safe Deposit Box in Texas?

May 10, 2010

Many people store important papers such as life insurance policies, wills and other important documents in safe deposit boxes to keep them secure.  When they die, the personal representatives of their estates need to access the safe deposit boxes to retrieve these documents. Texas’ probate statutes provide a means of gaining access to the safe [...]

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What To Do When a Loved One Dies?

May 5, 2010

Candice Aiston, an Oregon estate planning attorney, recently wrote an excellent article that explains the things that should be done when a loved one dies. Among them are: Notifying a doctor, coroner, and/or the local authorities Determining whether decedent wished to donate tissues and organs Notifying family and friends Making funeral arrangements Preparing an obituary [...]

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