State Bar Of Texas Probate Forms In Alameda
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FAQ
In Texas, if an estate's value exceeds $75,000, it generally must go through probate because the law aims to ensure that significant assets are appropriately managed and distributed under court supervision. The reason an estate over $75,000 must go through probate is to protect the rights of heirs and creditors.
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.
Independent administration: This is the most common type of probate administration in Texas. Compared to dependent administration, this process is much less expensive because the administrator does not need to go to court very often, nor does he or she usually have to post a bond.
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.
Texas recognizes three basic types of probate, including Contested Probate of a Will, Uncontested Probate of a Will, and Muniment of Title.
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.
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.
Probate opens in the deceased's state of residence. You cannot move probate to your state. If the decedent owned property in other states, you must also open ancillary proceedings in those states. You may need to retain legal counsel in each state to help with ancillary probate.
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.
