Mortgage Payments and Utilities During Probate in Texas
What happens to mortgage payments and utilities while an estate is in probate? This FAQ explains how mortgage payments and utility bills are handled during probate in Texas, what the personal representative (executor/administrator) and heirs should do, and practical steps to avoid loss of the property. Detailed Answer Short summary When someone dies in Texas, […]
Read article →Texas — How to Decide Which Assets to List on a Small Estate Affidavit
Detailed Answer Quick summary: A Texas small estate affidavit (sometimes called an affidavit to transfer personal property) is intended to transfer certain probate personal property when the estate qualifies under Texas law. You should list only the decedent’s probate personal property (the decedent’s sole-owned interest in personal property) that is eligible under the small‑estate rules. […]
Read article →How to Find a Missing Parent as Next-of-Kin During Probate in Texas
Disclaimer: This is educational information only and is not legal advice. For advice about a particular probate matter, consult a licensed Texas attorney. Detailed Answer If you are the known next-of-kin and the decedent’s parent cannot be located during a Texas probate, you must both try to find the person and follow the Texas probate […]
Read article →Texas — Do I Need to Include Assets That Passed by Right of Survivorship on the Inventory?
Do I need to include assets that passed by right of survivorship to my mother on the inventory? Short answer: In Texas, assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy with right of survivorship, community property with right of survivorship, payable‑on‑death (POD) or transfer‑on‑death (TOD) accounts, life […]
Read article →Texas: How to Determine If a Bank Account Qualifies for the Small Estate Process
Can I use the small estate process for a bank account in Texas? Detailed answer — how to tell whether a bank account qualifies for the small estate process in Texas In Texas, whether you can use a streamlined small estate procedure depends on the value and ownership of the decedent’s property that is subject […]
Read article →How to Use a Small Estate Affidavit in Texas to Claim a Deceased Parent's Bank Account
Using a Small Estate Affidavit in Texas to Claim a Deceased Person's Bank Account Disclaimer This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Texas attorney. Detailed answer — how the small estate affidavit process works […]
Read article →Texas: Do You Automatically Become Guardian of the Estate if Appointed Guardian of the Person?
Understanding Guardian of the Person vs. Guardian of the Estate under Texas Law Not legal advice. This article explains general Texas guardianship concepts to help you decide whether to consult an attorney. Detailed Answer Under Texas law, appointment as a guardian of the person does not automatically make you the guardian of the estate. The […]
Read article →Texas: Do You Need to File a Federal Tax Return for an Estate When No Distributions Were Made?
Short answer If the estate generated no taxable income (for example, no interest, dividends, rental income, or business income) and no beneficiary is a nonresident alien, you generally do not need to file a federal fiduciary income tax return (Form 1041). However, you still may need to file other federal returns—most importantly the decedent’s final […]
Read article →Transferring Brokerage Account Assets to an Estate Checking Account in Texas
How to move brokerage assets into an estate checking account under Texas law — FAQ Disclaimer: This is general information only and not legal advice. Consult a Texas probate attorney for advice about your specific situation. Short answer How you get brokerage account assets into an estate checking account in Texas depends on how the […]
Read article →Texas: How to Sell a Co‑Owned Property to Cover Funeral and Property Taxes — FAQ
Detailed Answer: Selling a co‑owned property in Texas to cover funeral and property tax expenses Short answer: First, identify how title is held. If the surviving owner has full title (right of survivorship), they can sell. If not, the decedent’s share usually passes through probate or by affidavit in limited situations, or the co‑owners can […]
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