Detailed Answer
Estate Administration in Texas
When someone dies owning assets in Texas, you start estate administration by filing a probate application. You file this in the county where the decedent lived at death. In most Texas counties, a statutory probate court or a county court at law with probate jurisdiction handles these matters. In counties without a probate-specific court, the county court performs probate duties.
Key steps include:
- Filing an application for probate with the county clerk.
- Submitting the will (if one exists) and required affidavits.
- Notifying heirs and creditors.
- Obtaining letters testamentary or letters of administration.
Relevant statute: Texas Estates Code §3.003 (venue for probate); see also Texas Estates Code §32.001 (courts with probate jurisdiction).
Unclaimed Property Claims in Texas
Unclaimed property includes forgotten bank accounts, uncashed checks, or security deposits. Texas law requires holders of unclaimed property to report and deliver it to the Texas Comptroller of Public Accounts. You do not file these claims in a county office or court.
To recover unclaimed property:
- Search the Comptroller’s database at claimittexas.org.
- Submit a claim form online or by mail along with proof of identity and ownership.
- Wait for the Comptroller’s review and approval.
Relevant statute: Texas Property Code Chapter 74 (unclaimed property).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for guidance tailored to your situation.
Helpful Hints
- Contact the county clerk’s office to confirm probate filing fees and required forms.
- Check the website of your county’s statutory probate court for local procedures.
- Gather certified copies of the death certificate before filing probate paperwork.
- Use the Comptroller’s secure online portal to speed up unclaimed property claims.
- Keep records of all correspondence and filings with both the court and Comptroller.