Probating a Will

Is an Executor Required to be a US Citizen?

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 restrictRead More

Can a Convicted Felon be an Executor in Texas?

I received a email recently from someone asking whether a convicted felon can serve as an executor in Texas. The individual who contacted me had two daughters and one son, but didn’t trust his daughters to be fair and honest. Unfortunately, his son had been convicted of a felony. Section 304.003 of the Texas EstatesRead More

Do I Need an Attorney to Probate a Will in Texas?

I get phone calls and emails each week from Texans who have lost friends and family members. Often, they have been named as independent executors and need information about probating a Will. The first question they ask is whether it will be necessary to retain an attorney to go through the probate process. In most cases, the answer is: “Yes.”Read More

Can The Beneficiary Of My Estate Also Be My Executor?

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.Read More

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

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 ofRead More

What is a Muniment of Title?

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 aRead More