Frequently Asked Questions About Probate

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code also provides that the applicant may be in “interested person.” An interested person is defined as: an heir, devisee, spouse, creditor, or any other person having aRead More

Will Former Spouse Inherit Bank Account if Named as P.O.D. Beneficiary?

I received a note recently from someone whose brother had recently passed away. Her brother was divorced and had no children. He was survived by four siblings. Both his parents were deceased. His savings account designated his ex-wife as the P.O.D. beneficiary. The author wondered whether the ex-wife would inherit the money in the account.Read More

What Happens if I Inherit a House with a Mortgage?

Some people are fortunate enough to own their homes free and clear when they die; however, many don’t. As a result, their homes pass to their intended heirs with a mortgage still attached. While the home is in probate, the executor of a Will should continue to make mortgage payments to avoid late fees andRead More

When is it Proper to Use a Small Estate Affidavit?

A small estate affidavit is a legal document that can be used to transfer property to heirs without a formal probate. The use of a small estate affidavit is permitted in only limited circumstances. In Texas, heirs can take advantage of a Small Estate Affidavit if: The deceased person died without a Will; At leastRead More

Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?

After you die, your estate is responsible for your debts. Creditors can make claims against your probate estate for what you owe. Assets such as life insurance proceeds, IRAs and other qualified plans are non-probate assets. They pass to the person you designated as the beneficiary outside of a probate proceeding. Because they pass outsideRead More

Is it Possible to Avoid Probate in Texas without a Revocable Trust?

I have written before that Texas has one of the most simplified probate processes in the country. If a testator instructs in his will that there should be no action in the probate court in the settlement of the his estate other than the probating and recording the will and the return of an inventory,Read More