robincravey

Process for Probating a Will with a Dependent Executor

This is a brief outline of the process for probating the Will of a Decedent when the will does not specify an independent executor. The outline is not exhaustive, but it gives a general overview. 1. Attorney files an Application Probate of Will Produced in Court and for Letters Testamentary with the probate court.[i] The application mustContinue reading “Process for Probating a Will with a Dependent Executor”

Determination of heirship without administration

Here is a brief outline of the process for determining the heirs of a Decedent, if there is no Will. 1. Attorney files an Application for Determination of Heirship naming all heirs with the probate court. The application must be accompanied by: 2. Interested parties must receive notice. 3. Attorney asks all heirs to sign an agreement waivingContinue reading “Determination of heirship without administration”

Establishing heirs of an estate on an affidavit

Here is a brief outline of the process for establishing the heirs of a Decedent, by filing a small estate affidavit. No administration necessary 1. Where the decedent died intestate, no administration is necessary if the value of the estate assets is less than $75,000. Determining heirs 2. Attorney files with the probate court a Small EstateContinue reading “Establishing heirs of an estate on an affidavit”

Probating a Will as Muniment of Title

Here is a brief outline of the process for probating the Will of Decedent as a muniment of title. 1. Attorney files an application for probate of will with the probate court. The application must be accompanied by: 2. Wait 10-15 days while the notice of the application is posted by the clerk. 3. Set a hearing inContinue reading “Probating a Will as Muniment of Title”

Passing title by affidavit of heirship

CraveyLaw Memo by Robin T. Cravey Sometimes, when a family member dies, there doesn’t seem to be any urgent need to settle their estate through the probate courts. The family may go on as usual until years have passed. If more than four years pass, then the courts cannot establish an administration on the estate, and passingContinue reading “Passing title by affidavit of heirship”

Paying claims against the estate

Paying claims against the estate is a basic duty of the executor or administrator. These claims include the debts of the decedent as well as expenses of administration. Texas law sets out rules and priorities for how the claims should be paid. (See Texas Estates Code chapter 355.) General rules for claims 1. Don’t pay any claim thatContinue reading “Paying claims against the estate”

Community Property

Texas is one of a handful of states that recognizes community property in marriage. Property owned by married persons is either community property or separate property. A. Definitions 1. Separate Property consists of: Property owned by a spouse before the marriage; Property acquired by one spouse during the marriage by gift, devise, or descent; and. Proceeds recovered in a lawsuitContinue reading “Community Property”

The Estate Executor’s Powers & Duties

The powers and duties are broad and deep, and begin as soon as Letters Testamentary have been issued. The executor is required to use prudence and ordinary diligence in administering the estate. This is a brief checklist of the executor’s powers and duties.

Real Estate sales documents

Generally, a real estate sale begins with a contract and ends with a deed. The deed fulfills the contract, and the contract is merged into the deed. A Real Estate Sales Contract 1. Is negotiated between the parties. A buyer and seller negotiate about the purchase and sale of a piece of property. They negotiate about what conditionsContinue reading “Real Estate sales documents”

Process for probating a Will

This is a brief outline of the process for probating the Will of a Decedent. The outline is not exhaustive, but it gives a general overview. 1. The Attorney files an Application Probate of Will Produced in Court and for Letters Testamentary with the probate court. The application must be accompanied by: Filing fee; Original Death Certificate; and Original Will. 2. WaitContinue reading “Process for probating a Will”