Can You Be Released from Liability in an Independent Administration? If you’ve been named as the independent administrator of a Texas probate estate, you may be wondering if you can be released from liability. The answer depends on a number of factors, including the size and complexity of the estate, and whether or not there…
Tag: Articles
Civil and Probate Jurisdiction in Texas
Amount in Controversy and Probate Jurisdiction Amount in controversy simply refers to the amount of money that is being disputed in a case. Courts may have limits on the amount of controversy that they can hear disputes over. For example, a smaller county court may only be able to hear cases where the amounts in…
The Writ of Mandamus: What It Is And Why Parties Sometimes Get One
Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes,…
Texas Disclaimers in Guardianship Proceedings
There are four types of disclaimers. The first type is for when an individual who received a gift or bequest disclaims all rights to the gift, thereby giving up their interest in the property and allowing the property to pass as if he or she never received it. The second type is for when an…
How Do You Probate a Lost Will?
You may be surprised to learn that if a will cannot be located, it may still be possible to probate the estate. To do so, you’ll need to follow the proper legal procedures and file the right paperwork with the court. This article will guide you through the process of probating a lost will. What…
Is an Online Will Valid?
If you’re considering making an online will, you might be wondering if it’s actually legal. The short answer is yes, an online will is just as valid as a handwritten one – as long as it meets all the requirements of a regular will. Keep reading to learn more about what makes a will valid,…
Tax Implications of Being an Executor in Texas
When a person dies without having a will in place, the person who has been appointed executor is tasked with distributing all of the assets from the probate estate to those people and organizations named in the deceased’s will, or if there is no will, it falls on the executor to distribute everything at their…
What is Muniment of Title under Texas Probate Law?
In Texas, a muniment of title is a judicial document that proves an individual’s ownership of real property. This document is typically used when the owner does not have a deed or other physical evidence of ownership. The muniment of title must be filed in the county where the property is located and must include…
Dependent vs. Independent Probate Administration
Dependent Probate Administration Before filing the probate application, one has to make a choice between dependent or independent probate administration. The term “dependent administration” refers to the probate being administered by the personal representative with direct supervision by the court. As explained below, dependent administration is an extremely restrictive method for administering an estate. This…