Whether your will should be in a safe deposit box at a bank or elsewhere, such as with your attorney, depends on what your state law says about who has access to your safe deposit box when you die. The recent trend in many states is to make it relatively easy for family members or the executor to remove the will and certain other documents (such as life insurance policies and burial instructions) from a deceased person's safe deposit box. In those states, it might be a good idea to leave your will in the safe deposit box. However, in some states, it may require a court order to remove the will, which can take time and money.
Texas Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box
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How to fill out Petition For Appointment Of Temporary Administrator In Order To Gain Access To Safe Deposit Box?
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Whoever is appointed the Temporary Administrator will be responsible for the estate during the time of appointment and work with the court like an executor to pay claims, sell property, or other duties defined in the court order.
The court's order appointing a temporary administrator will designate the appointee as ?temporary administrator? of the decedent's estate and specify the period of the appointment. The court order will also define the powers given to the appointee and set the amount of bond to be given by the appointee.
Presenting the will (if one exists). Identify and collect estate assets. Pay any debts owed by the deceased at the time of their death. Distribute the remaining money and property ing to the terms of the will or the Texas law of intestate succession (if there was no will).
Section 452.002 - Application for Appointment (a) A person may file with the court clerk a written application for the appointment of a temporary administrator of a decedent's estate under this subchapter.
Section 452.051 - Appointment of Temporary Administrator (a) If a contest related to probating a will or granting letters testamentary or of administration is pending, the court may appoint a temporary administrator, with powers limited as the circumstances of the case require.
A quick definition of temporary administration: Temporary administration is when someone is appointed by a court to take care of a person's things after they die, until a permanent person can be chosen. This is usually done when there is no will or executor named, or when the named executor is unable to do the job.
The independent executor or administrator can settle with creditors, set aside the homestead and other exempt property, manage the property of the estate, sell assets for payment of debts or taxes, and distribute the remaining estate to those entitled to it.
Texas law allows the decedent's spouse, parent, descendant who is over 18 years of age, or the person who is named as executor in the decedent's will (if the person is able to produce a copy of the will), access to the decedent's safe deposit box.
