Letter Of Testamentary Without Probate For Texas
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FAQ
In order to obtain letters testamentary in Texas, the probate court must approve the will and determine the qualification of the executor. To do this, the executor must file an application with the appropriate county court with the original will within four years of the decedent's death.
Obtaining this authority is only one small part of estate administration that will be required by the executor. Getting the help of a qualified Texas probate lawyer helps ensure that the process goes smoothly and can deal with any unforeseen matters that may arise.
Can I Get Letters Testamentary without a Will? The simple answer is no. Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (?Intestate?), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.
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.
