Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default…
Tag: probate law
What is a request to transfer a structured settlement in Texas?
A structured settlement is a type of annuity that is typically used to resolve personal injury claims. In Texas, if you have reached a settlement in your personal injury case, you may be able to transfer your structured settlement payments to another party. This process is known as a “request for transfer.” What is a…
What Is a Texas Transfer on Death Deed?
A Texas Transfer on Death Deed is a way to transfer real property to someone else upon your death without going through probate. The deed must be properly signed and notarized, and it must be filed with the county clerk in the county where the property is located. What is a Texas Transfer on Death…
What Is a “Will Settlement” Under Texas Probate Law?
Probate law is a legal system that governs the estate of a deceased person. A will settlement is a legal process by which an estate is settled, usually after the death of the person who made the will. The process of settling a will can be complicated and can involve negotiations between family members over…
Probating a Will in Texas
To file the probate application, one must first decide which court has jurisdiction and which court should handle the probate court. Once the court is selected, the next step is to submit the probate application. The Probate Application under Texas Estate Law After identifying the probate court that can hear the case, the next step…
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…
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…
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…
When Does a Judge Deny Due Process of Law?
If a judge has a personal interest in the outcome of a case, it’s possible that a litigant may be deprived of due process of law guaranteed by the United States Constitution. But what is the test to see if the judge’s personal interest actually deprives due process? Ex Parte Ross gives us an answer.…