Probate

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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Probate Terminology Defined

March 26, 2010

Attorneys use a lot of words when talking about probate, but from talking to friends and clients, I realized that many people outside the legal community don’t understand what we’re talking about. Below are some commonly used probate terms defined: Probate: The court procedure by which a will is proved to be valid or invalid. [...]

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Is There a Difference Between an Executor and an Administrator of an Estate?

January 8, 2010

When a person dies and probate is necessary, a court will appoint a personal representative to oversee the winding up of the decedent’s affairs. The duties of the personal representative are: to inventory and collect the decedent’s assets; to manage the assets during administration; to receive and pay the claims of creditors and tax collectors; [...]

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