State Bar Of Texas Probate Forms In Houston
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FAQ
If there is a will, you may be able to probate it as a "muniment of title." This option is available when: the estate has no debts (except for a mortgage or other debts secured by a real estate lien); or. administration isn't needed for another reason.
Some of the documents that are required for probate include: The deceased's will. Death certificate. Inventory of assets and liabilities. Bank statements and financial records. Tax returns. Proof of debts and expenses.
Probate court is conducted at the county level, and each county may have its own set of forms. Many states have passed uniform court document legislation and the majority of court forms can be found at the state level.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended — and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.
If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.
Independent Administration Application for Probate of Will and Issuance of Letters Testamentary. Form 7-2. Application for Probate of Copy of Will and Issuance of Letters Testamentary. Form 7-3. Application for Probate of Will and Issuance of Letters of Independent Administration. Form 7-4.
An Independent Administration is the least burdensome and likely most common form of probate in Texas. The Will has to specifically authorize an Independent Administration and most Wills drafted by competent Texas attorneys do.
Probate Without an Attorney: The Muniment of Title Exception It is generally appropriate only in the simplest of small estates; for example, when the only property of an estate is a house that needs to be transferred to the sole beneficiary named in the will.
