Personal Property Form For Will In Bexar
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You have four years from the date of the decedent's death to probate a will in Texas.
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. The clerk will notify the executor and/or beneficiaries and give everyone a chance to probate it.
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.
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.
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.
Procedures: Please e-file all appropriate documents for your case with the Bexar County Probate Clerk's office, including Proposed Orders, Judgments, Affidavits of Heirship, and Proof of Death for review.
Texas law provides that, when this happens, the Will is treated as if it did not exist, and the estate passes by intestate (without a Will) succession. This means that children by a prior marriage take the deceased spouse's one-half of any community property.
State laws require filing all wills, but they do not require executors to petition for probate. The probate process may not always be necessary, even if a loved one has a will.
You can make your own will in Texas, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney.