The probate process in Texas involves specific legal procedures for executing a will and settling an estate after someone dies. These actions are carried out under the jurisdiction of specialized county probate courts in Texas. Introduction to Texas Probate Law Texas has specific laws governing probate, which is the court-supervised process for administering a deceased...KEEP READING

In the state of Texas, contesting a will often hinges on a pivotal and contentious issue: the testamentary capacity of the individual responsible for creating the will. To mount a successful challenge to a will based on capacity, it is essential to comprehend the legal prerequisites and compile compelling evidence, as this situation underscores. However,...KEEP READING

The process of probating a will in Texas is subject to specific time constraints, which require careful attention and timely action. A four-year window is provided from the time of a testator’s passing for the probate of a will. Beyond this timeframe, the right to utilize the will for property distribution is typically forfeited, with...KEEP READING

Probate is the legal process by which a decedent’s estate is distributed to their heirs. Unfortunately, the process is lengthy and can be expensive. However, there are alternatives to it, such as the small estate affidavit. When a Texas resident dies with minimal assets, their estate may qualify to bypass formal probate through the use of this...KEEP READING

Introduction Probate is a process by which an administrator (the executor) of an estate (the decedent’s property) distribute the estate’s assets to the decedent’s beneficiaries. In Texas, probate is handled by the Texas State Probate Office. There are at least five types of probate (more if you count the various permutations such as testate dependent,...KEEP READING

When a probate court grants a bill of review to set aside earlier orders, parties often assume they can immediately appeal that decision. After all, if the court has just vacated significant orders like determinations of heirship, shouldn’t that decision be reviewable right away? The case of St. John v. Hearne (Tex. App.—Houston [14th Dist.]...KEEP READING

Who will serve as personal representative after you’ve passed on? Many people think about this while planning their estate, but it’s important to know who is eligible to serve and who will serve by default if you don’t name a personal representative properly. Selecting The Personal Representative (Executor vs Administrator) Specialized knowledge, training or experience...KEEP READING

Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default....KEEP READING

Legal Terminology Ad Litem Means for the suit, a person appointed such a role is responsible for a ward’s affairs in a particular aspect of litigation. Texas Probate Code, Section 608 [Now Texas Estates Code] Allows a probate court to transfer a matter from a district, county, or statutory court to itself when the matter...KEEP READING

Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App....KEEP READING