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

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

How is a Personal Representative of an Estate Appointed?

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 More

How Much Court Involvement Is There In The Probate Process?

In Texas, the level of court involvement in the probate process depends on whether there is a dependent or independent administration. Independent administration Texas allows independent administration of an estate when the testator provides his or her will that there should be no action in the probate court in the settlement of the estate other … Read More

Is Probate Always Necessary?

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 More

When Should I Probate a Will?

Generally, a will should be probated as soon as possible. The Texas Estates 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 … Read More