Executor Of Estate Form After Death Without Will In Bexar
Description
Form popularity
FAQ
Executors in Texas must be a state resident who is at least 18 years old with no criminal record. Posting an executor bond is a requirement for almost all executors. Its amount is tied to the value of the estate. Unlike many other states, requires executors to hire an attorney, in almost all cases.
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation.
Even if the will nominates an executor, they must still apply and go through the approval process. This is often done at the same time as the application to admit a will to probate. If there is no will, an application for letters of administration is usually filed together with an application to determine heirship.
Section 304.003 - Persons Disqualified To Serve As Executor Or Administrator (a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States ...
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation. Intestacy laws don't apply to nonprobate property.
The Texas affidavit of heirship form must be filled out and filed on behalf of a decedent's heir and can not be completed by the heir. Instead, two disinterested parties who know the necessary details about a decedent's family life need to fill out the form.
No. You are not required to hire a lawyer to file a Small Estate Affidavit in Texas. Many probate courts offer downloadable forms and clear instructions for filing.
Probating an estate without a will typically takes longer due to the court's supervision and involvement. On average, this process lasts between 9 and 15 months, or even longer if members of the family cannot agree or if the court requires a dependent administration.
