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Petition To Set Aside Estate Without Administration In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-000297
Format:
Word;
Rich Text
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FAQ
Using a Small Estate Affidavit A small estate affidavit is filed with the court clerk and presented in a formal hearing before a judge for approval. If the judge does approve the affidavit, they will sign an order and the affidavit is used for distributing the estate to the beneficiaries.
When using a Small Estate Affidavit in Texas, assets can be distributed without the need for administration. The affidavit serves as proof of the filer's right to inherit the property, and titles can be transferred to the heirs without the need for court approval.
A surviving family member or loved one may open a probate case after death, even when there is no will. This involves filing court documents and attending a hearing. The court will then appoint an administrator, determining who has the desire and ability to serve in the role.
If the deceased has no children, or all children are also children of the surviving spouse, the surviving spouse inherits all community property. If the deceased has children from another relationship, the surviving spouse keeps half of the community property, and the deceased's children inherit the other half.
Any interested party can file a petition asking to be appointed executor of the estate if there is no will. The executor or administrator must inform all parties, including creditors and beneficiaries, of their appointment and advise them to direct all questions to him or her.
Can a bank release funds without probate in Texas? If the deceased person was the sole owner of the bank account and named a beneficiary, then the bank can release the funds to the beneficiary without probate. If there is no named beneficiary, then the bank will require probate before releasing any funds.
When a person dies in Texas, his or her estate will likely pass through the probate process. However, not all estates must pass through probate, and even if an estate is required to go through probate, not all assets are subject to the probate process.
Texas recognizes three basic types of probate, including Contested Probate of a Will, Uncontested Probate of a Will, and Muniment of Title. Our experienced attorneys specialize in helping you stand up for your loved one's final wishes and enforcing your legal rights.