Executor Of Estate Form After Death With No Estate In Harris
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FAQ
Ordinarily, an application to probate a will must be filed within four (4) years of the date of death of the decedent. Also, under normal circumstances, letters testamentary or letters of administration cannot be authorized more than four (4) years after the date of death of the decedent.
An executor is the person designated in the will to carry out the deceased person's wishes. This is often a close family member or another trusted individual. In estate administration, the court must first approve the executor. The executor will then collect and distribute the estate property.
Texas Probate Timeline If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
How is an executor appointed? The person who wants to serve as an executor (or an administrator) must apply with the court for letters testamentary (or letters of administration). Even if the will nominates an executor, they must still apply and go through the approval process.
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.
Procedure — An Application for Determination of Heirship is filed with the court. The court then appoints an attorney ad litem for unknown heirs who will investigate the heirship facts of the decedent. After a hearing, the court will issue a Judgment Declaring Heirship which names the heirs of the estate.
In Texas, an executor can sell a property without all beneficiaries' approval if the will explicitly grants them such authority, if it's necessary for estate administration, or with court approval.
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 executor is someone named in a will as the person who will carry out the testator's formal wishes. Typical duties of an executor include paying outstanding taxes/debt and distributing any remaining assets among the testator's heirs.
Probate timelines can vary significantly. If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer.
