Most real estate contracts have a clause which specifies what personal property is included in or excluded from the sale. Sellers and buyers often forget to specify certain items, which leads to arguments at closing.
Letters Testamentary serve as official proof of your role as executor. They provide legal authority when dealing with financial institutions, government agencies, and other institutions holding the deceased's assets. With these documents, you can: Access the deceased's bank accounts and safety deposit boxes.
(a) Except as provided by Subsection (c), not later than the 60th day after the date of an order admitting a decedent's will to probate, the personal representative of the decedent's estate, including an independent executor or independent administrator, shall give notice that complies with Section 308.003 to each ...
Understanding the Consequences of Not Probating a Will If you are unable to do so then you may as well have not even served as such. With that said, if you do not go through the probate process then the deceased person's assets will not legally be transferred over to the heirs or beneficiaries.
A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate. This procedure can be used for real property like land, houses, buildings, etc.
Types of Property Exempt from Probate The asset is held in joint tenancy, such as a home where two people's names are on the deed; Community property with the right of survivorship; Payable-on-death bank accounts; Proceeds and benefits that are payable via a life insurance policy; and.
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.
Real Property/Land Records The records to which access is not otherwise restricted by law or by court order are made available through our Public Records Search.
In Texas, executors don't have a legal obligation to probate a will. If they choose not to, they (or another person who has the will) must surrender it to the court clerk.