Category Archives: Probate & Heirship

Determination of heirship with administration

Here is a brief outline of the process for determining heirs and administering the estate of a Decedent, if there is no Will. 1.         Attorney files an Application for Determination of Heirship and for Letters of Administration naming all heirs with the probate court.[i] The application must be accompanied by: 2.         Interested parties must receive notice.[ii] 3.         AttorneyContinue reading “Determination of heirship with administration”

Distribution of the Net Estate

Distribution of the net estate is just about the last and happiest duty of the executor or administrator.  Even so, it must be done properly. 1.         Distribution is only done after a long list of tasks has been completed: 2.         The net estate is the sum total of assets left after all the steps listed above have beenContinue reading “Distribution of the Net Estate”

Affidavit in Lieu of the Estate Inventory

Within 90 days after receiving letters testamentary or letters of administration, the representative of the estate must file an Inventory, Appraisement, & List of Claims.  This document must be signed under oath. Under certain conditions, the representative of the estate may file an affidavit in lieu of the inventory.  The affidavit is due on the date theContinue reading “Affidavit in Lieu of the Estate Inventory”

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”