Claim Against Estate After Distribution Without Probate In Bexar
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FAQ
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.
Executor's Role and Timeline for Asset Distribution. In Texas, an executor is given up to three years from their court appointment to distribute assets, excluding those allocated to creditors.
No. In Texas, an estate is not a legal entity. Therefore, it cannot sue or be sued. A court will need to appoint a personal representative of an estate, acting in his or her capacity.
A creditor then has a time limit within which they may file a claim against the estate. They must do so within the later of: Six months from when the probate process officially begins (i.e., the date letters testamentary or of administration are granted), or. Four months after the date the mandatory notice is received.
Texas law allows executors to sell property without the beneficiaries' approval, which can be necessary to keep the estate solvent. However, this authority comes with the responsibility of ensuring that the sale is conducted in the best interest of the estate.
Can You Sue an Estate After Probate? Typically, no. Texas law states that claimants must make their claims on an estate before probate closes. However, many claimants can still seek payment from beneficiaries who received assets from the estate during distribution.
If the court has already admitted the will to probate, the will may be contested within 2 years (with some exceptions). Because challenging a will can be expensive and time consuming, wills often try to minimize disputes by using a "no-contest" clause.
If a will is not probated in Texas, the estate remains unsettled, and the assets cannot be legally transferred to the intended beneficiaries. This can lead to significant complications, especially when it comes to real estate or other titled property.
In Texas, all heirs must agree to the sale of any property. A probate sale is relatively easy when everyone agrees to the sale and then splits the profits.
