Testate Administration

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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Where Should A Will Be Probated In Texas?

December 5, 2011

According to Section 6 of the Texas Probate Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence. If the decedent was not domiciled in Texas and had no fixed place of residence in this state, the proper venue depends on […]

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Can I Transfer Property in Texas With a Foreign Will?

June 20, 2011

Occasionally, people own property in Texas but reside in another state or country at the time of their death. As a result, they make wills that comply with the laws of the state or country where they reside, rather than in accordance with Texas laws. The Texas Probate Code addresses this situation. In Texas, the […]

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