Who Will Serve as Personal Representative of Your Estate?

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…

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When Is a Texas Cause of Action “Appertaining or Incident to” an Estate?

Legal Terminology Estates Code on Probate Suit Transfer: Texas law authorizes a statutory probate court to transfer to itself from a district court a cause of action “appertaining to or incident to an estate pending in the statutory probate court.” Mandamus relief: Available only when a trial court clearly abuses its discretion and when there…

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When Heirship Status Becomes a Texas Jurisdiction Matter

A court must have jurisdiction to enter a valid, enforceable judgment on a claim. If there is a situation where jurisdiction is lacking, litigants, through various procedures, may retroactively challenge the validity of a judgment to potentially have it rendered void. Subject matter jurisdiction is one type of jurisdiction a court must have. It is…

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Closing a Probate in Texas

After a loved one dies, it can be difficult to know what to do next. One of the things you may need to do is close their probate in Texas. This can seem like a daunting task, but luckily this article will walk you through everything you need to know! Are you the Executor or…

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Can a Court Add Probate Proceedings to a Muniment of Title?

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.…

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