Testate Administration

Is an Executor Required to be a US Citizen?

June 17, 2015

I recently received a phone call from someone whose wife was not a US Citizen. The caller wondered whether his wife could nevertheless serve as an executor of his Will. There is no statutory restriction in Texas that prevents a non-citizen from serving as an executor or administrator of an estate. The statutes only restrict […]

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Can The Beneficiary Of My Estate Also Be My Executor?

September 10, 2014

I’ve received several emails the past few weeks asking whether it is possible for a beneficiary of an estate to also serve as executor. Naming someone as the executor of your estate does not preclude him or her from inheriting from you. In fact, the executor can and often is a beneficiary of the estate. […]

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Can a Non-Resident Serve as Executor of My Estate?

January 15, 2014

Ideally, we would all live near our loved ones. However, the reality of our global economy is that family members often live in another part of the country. As a result, the people you’d trust most to manage your final affairs may not live in Texas, where you live. This is a problem many of […]

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What is a Muniment of Title?

October 23, 2013

Full administration of an estate is not always necessary. If an estate has no unpaid debts, except those secured by real property, and administration is not otherwise necessary, probating a will as a muniment of title can be an efficient and cost-effective alternative to a traditional probate proceeding. Requirements for probating a will as a […]

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Who Has Authority to Probate a Will?

January 30, 2013

Although it is the Executor named in a Will who typically files the Will for probate, the Texas Probate Code provides a Will can be filed for probate any interested party. So for example, if you are a beneficiary named in a Will, or even a creditor of the estate who will not be paid […]

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Who Can Contest a Will In Texas?

June 20, 2012

According to Section 10 of the Texas Probate Code, any person interested in an estate can contest a will. The Probate Code defines an “interested” person as: Heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered; and Anyone interested in the welfare of an incapacitated […]

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