Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…
Category: Probate Law
Why Does My Will Have to Go Through Probate?
Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it…
Who Will Serve as Personal Representative in Your Will?
Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to…
What Must You Prove to Contest a Will?
Introduction When someone dies, their will is supposed to be a clear document that lays out how their estate should be distributed. However, there are times when the will is contested – usually because someone believes that it’s not valid. If you find yourself in this situation in Texas, there are certain things that you…
Are You an “Interested Party” If You Already Received Benefits from a Will ?
Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History…
Can a Texas probate court grant relief on something that was not explicitly in the pleading?
Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever…
Alternatives to Probate: Order of No Administration
The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no…
Alternatives to Probate: Administration of Community Property
In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the…
Alternatives to Probate: Family Settlement Agreements
Family settlement agreements are most often used to resolve probate litigation without trial. They are often used in will contests, will construction lawsuits, claims and trust modification lawsuits. They can help avoid litigation costs and uncertainty associated with trial. What Is a Family Settlement Agreement? A family settlement agreement is also useful in situations where…