Petition To Set Aside Estate Without Administration In Collin
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An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
In Texas, bank accounts generally do not go through probate. This means that if you have a bank account in Texas, your loved ones will not have to go through the hassle and expense of Probate Court in order to access your account after you die.
A Section 13650 set-aside leaves the surviving spouse open to a significant financial risk of exposure to decedent's creditors because to the extent the decedent's and surviving spouse's interests in community and/or quasi-community property, and decedent's separate property interests that pass to the surviving spouse ...
Unless limited by the terms of a will, an independent executor, in addition to any power of sale of estate property given in the will, and an independent administrator have the same power of sale for the same purposes as a personal representative has in a supervised administration, but without the requirement of court ...
California has fairly liberal and broad laws governing the removal of an executor. It's important to note that interested parties can petition to remove an executor even before they have taken wrongful or ill-advised action.
If you are a beneficiary and believe that a Personal Representative is failing to progress the administration or is acting against your interests, you may wish to consider a Court application to remove/replace them. In some cases, this is the only way to progress the administration.
The only difference in how administrators and executors perform their work is that while an executor bases inheritance division decisions on the decedent's Will, an administrator bases their decisions on statute. For a simple estate, a personal representative's work can be very straightforward.
Removing a court-appointed personal representative in California involves a legal process that can be initiated by any interested person. The interested party files a petition for removal with the probate court outlining the specific grounds for removal. The petition should provide evidence supporting the allegations.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
