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When considering what assets go through probate, the general guideline is that probate assets in Texas usually include: Real estate held in tenancy-in-common with others, Personal property, Many bank accounts and investments, Business interests held solely by the decedent, and.
An application for probate must be filed with the proper Texas probate court in the county where the decedent resided. verify that the decedent had a valid will or that there was no will, and finally appoint an administrator or verify the person named as executor.
In Texas, if the value of an estate exceeds $75,000, a full probate administration is typically required. This threshold, as stated in the Texas Estates Code, includes the total value of the estate's assets, excluding homestead and exempt property.
Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended ? and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.
However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration. Only estates with no contests, no real property, no debt, and no accounts without satisfactory beneficiary designations can really avoid probate.