Do You Need a Texas Death Certificate for the Probate Process? The death certificate is generally needed to start the probate process. A death certificate must be filed with the State of Texas within 10 days of death. This time frame is not always met. When there are questions about the cause of death or…
Tag: Texas Probate
Can the District Court Determine Property Ownership of an Estate?
Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing…
Is Testimony as to the Credibility and Delinquency of a Minor Admissible?
The credibility of a witness’ testimony is often a deciding factor in a court case. A recent study has found that the majority of young people who have been involved in the juvenile justice system do not believe that their testimony is credible. This is sometimes applicable in probate administration cases, and in probate litigation.…
Selecting the Right Probate Court
A probate court is a court of limited jurisdiction that has jurisdiction over the probate of wills and the administration of estates in Texas. Probate courts are usually operated at the county level, although there are a few county-level courts that operate independently of the regular probate courts. How do you know how to pick…
Common Words in Probate Cases
Probate Terms A probate case is a legal proceeding to administer the estate of a person who has died. There are common terms in probate cases that you should know. In this article, we will define some of these terms. The following is a list of the most commonly used terms in probate cases: Administrator…
How Community Property Laws Impact the Probate Process
Community property laws are a factor in many estates that require a probate proceeding. Community property, also known as marital community property, is similar to joint tenancy. Under joint tenancy, both spouses own all property equally, and upon the death of one spouse, his or her interest in the property is automatically transferred to the…
Alternatives to Probate in Texas: Small Estate Affidavit
Should You Try to Avoid Probate in Texas? Unlike other states, Texas has a plain-language and simplified probate system. This isn’t new. Some version of this layman-friendly probate system has been around since the 19th century. In many other states, people seek to avoid probate with complicated estate planning. That’s not necessary in Texas. The…
How Much Can an Executor in Texas Be Paid?
Does the Executor of an Estate Get Paid? The executor of an estate is responsible for settling the estate of the deceased. The executor acts on behalf of the estate and is solely liable for any debts or obligations that are not paid by the estate. An executor fee is charged for carrying out this…
Texas Probate Administration for a Missing Person
Who is responsible for the probate administration of a missing person? This is not a question that comes up very often and you typically do not need to know the answer until you are faced with this unfortunate situation. For example, if you are a beneficiary of an estate, you will probably be dealing with…