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Petition To Set Aside Estate Without Administration In Harris
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State:
Multi-State
County:
Harris
Control #:
US-000297
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Conclusion. Probate attorneys are required in most probate cases in Texas. The court can even require a probate attorney when it is not legally required. Most Texas courts require an executor to be represented by an attorney when completing the probate process.
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.
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.
To probate a will, you'll need to file an application in a probate court. This is typically done in the county where the deceased had lived. Other rules will apply if the person lived out of state. The court will schedule a hearing to examine the will and listen to any objections.
An interested person may petition for his appointment as administrator of the intestate estate. In the alternative, all heirs may consent for the administrator to handle the estate; this option requires the agreement of all heirs who must signify their approval before the court.
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.
Unsupervised probate, also known as independent administration, is a type of probate that does not require court supervision or approval for every action of the executor or administrator.
Circumstances where a contract may be set aside include where a party has entered into the contract as a result of undue influence exercised over that person by another party or where one or both parties have entered into the contract under a mistake of fact.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
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 ...