Texas Probate
Probate in Texas
Probate: involves seeking approval from the Court to transfer titles to property and respond to the debts of an estate.
- Probate may be pursuant to a will (testate) or Texas intestacy statutes (intestate).
- Wills may appoint an executor and can define whether the administration of the estate will be dependent or independent of the Court and with or without a bond being posted.
- Intestate estates must 1) establish the heirs-at-law (heirship) and 2) administer the estate.
- Establishing the heirs-at-law requires testimony from two disinterested witnesses and a Court hearing to issue a Judgment Determining Heirship. Note: An affidavit of heirship is exactly what it sounds like. It is simply an affidavit signed by two disinterested witnesses and filed in the county clerk records. Often, an application to determine heirship is joined with a request for administration (independent or dependent).
Independent Administration in Texas Probate
Independent Administration in Texas: Is the process where the Court can approve an executor or an administrator to handle the administration of the Estate without further supervision of the Court.
Independent administration can help avoid extra expenses and delays by allowing the executor or administrator to settle the affairs of the Estate without repeated hearing to seek approval from a Judge.
Dependent Administration in Texas Probate
Dependent Administration in Texas: Dependent Administration usually happens when no will exists for an Estate. This requires a higher level of supervision from the Court. The Court will appoint an administrator to handle the estate via Letters of Administration. The administrator must get approval from the judge for every step in the process. This can become timely and costly for the estate to obtain approval throughout the process.
Other Estate Avenues
Muniment of Title: Is a simple and inexpensive way to transfer assets as long as a will exists. It can be used when 1.) a will exists 2.) there are no outstanding debts, other than the homestead and 3.) Medicaid has no claim against the estate for recovery of benefits. A muniment of title is a process where you file the will with the court for confirmation that it was properly executed and provides evidence of ownership without any administration of the estate.
Small Estate Affidavit: If an estate has no will, no conflicts of interest, and does not value over $75,000.00, then the heirs can file a simple affidavit to collect the estate. Small Estate Affidavits are filed with the Court and approved by the Judge. They are only available to the spouse and children of the decedent, or an adult child still living in the home.
Handling the estate of a loved one is never an easy task. If you have questions regarding Probate or any other Estate service, do not hesitate to contact us. We are here to help. Follow this link to the Texas State Law Library for more information regarding Texas Probate Laws.
Types of Property
Separate Property is that which is owned before marriage. It can also include gifts received or inherited during marriage.
Community property is all remaining property that is not separate property.
So what qualifies as property in wills and probate? It includes real property such as, land, land improvements, and mineral rights. It also includes personal property such as, cash, bank accounts, clothing, home furnishings, automobiles, stocks and bonds, life insurance policies, and retirements accounts. It is important to note that many benefit policies will be administered to the beneficiary listed on the account. This property will not be dispersed to heirs if a beneficiary exists. A will also cannot settle any non-probate assets.
Non-Probate Assets
Non-Probate Assets include: Property passing by contract (life insurance, IRA’s employee benefits), property passing by survivor-ship (joint bank accounts, joint stocks and bonds, and savings bonds), and property held in trust (trusts created by the decedent prior to death to care for another).