Detailed Answer
Gathering key information and documents before a loved one passes away can significantly reduce delays and costs during the Texas probate process. Below is a checklist of essential items along with relevant Texas statutes to guide you.
1. Personal and Family Information
- Full legal name, date of birth, and Social Security number of the decedent.
- Contact information for next of kin, beneficiaries, and appointed executor or personal representative.
- Copies of birth certificates, marriage certificates, divorce decrees, and adoption papers.
2. Last Will and Testament
- Original will, codicils, or any amendments. If held by an attorney or bank, obtain certified copies.
- Self-proving affidavit, if available, to speed up filing. See Tex. Estates Code §22.003 on proof of wills.
3. Real Property Records
- Deeds, mortgages, property tax statements, and titles for all real estate holdings.
- Homeowners’ insurance policies and proof of any liens or easements.
4. Financial Accounts and Investment Documents
- Bank statements, checkbooks, and safe deposit box information.
- Retirement account statements (IRAs, 401(k)s) and beneficiary designation forms.
- Brokerage and investment account statements.
5. Insurance Policies
- Life insurance policies with beneficiary designations.
- Health, long-term care, and disability insurance documents.
6. Business and Partnership Agreements
- Operating agreements, partnership agreements, shareholder agreements, and buy-sell agreements.
- Stock certificates and corporate bylaws.
7. Debts, Loans, and Creditors
- List of outstanding debts: mortgages, credit cards, auto loans, and personal loans.
- Creditor contact information and account statements.
8. Tax Returns and Estate Filings
- Federal and state income tax returns for the past three to five years.
- Information on any pending audits or tax disputes.
9. Digital Assets and Passwords
- List of email accounts, social media profiles, cryptocurrency wallets, and digital subscriptions.
- Password manager access or a written log of login credentials.
10. Inventory and Appraisement
- Preliminary asset list with estimated values. The personal representative must file a formal inventory within 90 days of appointment. See Tex. Estates Code §355.101 on inventory requirements.
By organizing these documents in advance—ideally in one secure location—you’ll help your personal representative move the estate through probate more efficiently.
Helpful Hints
- Create a central, labeled folder (physical or digital) for all probate-related documents.
- Review beneficiary designations on retirement accounts and life insurance annually.
- Keep originals of wills and deeds in a fireproof safe or with an attorney.
- Inform your personal representative of the location and access codes for digital assets.
- Consult an estate attorney early to verify that documents meet Texas legal requirements.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.