Testate Administration

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 [...]

Read the full article →

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 [...]

Read the full article →

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 [...]

Read the full article →

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 [...]

Read the full article →

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 [...]

Read the full article →

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 [...]

Read the full article →

← Previous Entries

Read about Rania's law firm in...