Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Detailed Answer
To begin estate administration in Texas, a personal representative must collect key documents that establish the decedent’s death, identify assets, and confirm legal authority to administer the estate. Organizing these items expedites the probate process and prevents delays.
1. Vital Records
- Certified Death Certificate: Obtain multiple certified copies from the Texas Department of State Health Services. You need this document to open probate and change titles on assets.
2. Estate Planning Documents
- Original Last Will and Testament and Codicils: Present the court with the decedent’s will. If the will includes a self-proving affidavit, it follows Texas Estates Code Chapter 251: ES Chapter 251.
- Self-Proving Affidavit (if available): Speeds up probate by eliminating witness testimony.
3. Court Filings
- Application for Probate: File under Texas Estates Code Chapter 401: ES Chapter 401. This begins the formal probate process.
- Letters Testamentary or Letters of Administration: After approval, the court issues these letters per Chapter 402: ES Chapter 402. They grant authority to manage estate assets.
4. Asset Documentation
- Real Property Deeds: Provide titles and deeds for real estate.
- Financial Statements: Include bank and investment account statements.
- Insurance Policies and Retirement Accounts: Gather life insurance policies and beneficiary designations.
5. Personal Identification
- Identification of Personal Representative: A valid driver’s license or state ID verifies your authority.
6. Tax Records
- Federal and State Tax Returns: Copy the decedent’s most recent returns to assist with estate tax filings.
Helpful Hints
- Order at least five certified death certificates to cover all institutions.
- Keep both digital and paper copies of every document.
- Review deadlines in the Texas Estates Code for filing probate applications and tax returns.
- Consult the probate clerk in the county court to confirm local requirements.
- Notify beneficiaries early and provide copies of relevant documents.