From the category archives:

Testate Administration

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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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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