Probating a Will

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 a … Read More

Who Has Authority to Probate a Will?

Although it is the Executor named in a Will who typically files the Will for probate, the Texas Estates 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 More

Is It Possible To Probate A Lost Will?

Probate usually involves filing the decedent’s original Last Will and Testament with the court. But what happens when an original Will cannot be produced? Is it possible to probate a lost Will? When an original Will cannot be produced, there is a presumption that the Testator revoked it. However, this presumption is rebuttable. Texas has … Read More

What Are The Duties of An Executor?

When a person dies and probate is necessary, a court will appoint a personal representative, called an executor or administrator, to oversee the winding up of the decedent’s affairs. The duties of the personal representative are: to inventory and collect the decedent’s assets; to manage the assets during administration; to receive and pay the claims … Read More

Independent Administration Simplifies the Probate Process

Probate has gotten a bad reputation as being expensive and causing delays. As a result, many people try to avoid it at all cost. In many states, that reputation has been well earned. But in Texas, probate is typically nothing to be feared. This is because Texas has one of the most simplified probate processes … Read More

Can I Transfer Property in Texas With a Foreign Will?

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 Estates Code addresses this situation. In Texas, the … Read More