Can I become the personal representative of my sister's estate? (TX)
Can I become the personal representative of my sister's estate? Short answer: Possibly. In Texas, a close family member—such as a sibling—can often serve as the personal representative (called an executor if named in a will, or an administrator if appointed by the court). Whether you can serve depends on whether there is a valid […]
Read article →What options do heirs have in Texas when an estate administrator is unresponsive or refuses to distribute assets?
Detailed Answer — What heirs can do if a Texas estate administrator is unresponsive or refuses to distribute assets Short answer: In Texas, heirs or beneficiaries can (1) demand an accounting in writing, (2) ask the probate court to compel the personal representative to act or to remove them, (3) seek appointment of a successor […]
Read article →How Can Heirs Petition the Court to Reopen a Closed Estate to Claim Unclaimed Assets in Texas?
Disclaimer: This article is for general information only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Who Can Petition to Reopen an Estate Under Texas law, a “party in interest” may request to reopen a probate estate that has been closed. This includes […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone passes away in Texas, the estate goes through probate to ensure that assets reflect the decedent’s wishes and Texas law. When multiple heirs are involved, you follow a step-by-step process: 1. Open the Probate Estate The personal […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in Texas?
Detailed Answer When a relative dies, assets may remain unclaimed due to outdated records or lack of estate administration. In Texas, unclaimed property falls under the Unclaimed Property Act (Chapter 76 of the Texas Property Code). Typical unclaimed items include forgotten bank accounts, uncashed checks, safe-deposit box contents, and insurance benefits. 1. Search the Texas […]
Read article →What are the risks of probating my father’s estate without an attorney in Texas?
Detailed Answer Probating an estate without a lawyer in Texas means you act as the executor or administrator and handle every step of the court-supervised process yourself. While this can save legal fees, it poses several risks: Missed Deadlines and Procedural ErrorsTexas law sets strict timelines for filing documents and notifying interested parties. For example, […]
Read article →If real property passes automatically at death versus why do I have to probate the will? – TX
Understanding Automatic Real Property Transfers Vs. Probate in Texas Disclaimer: This article provides general information about Texas law. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer In Texas, some real property transfers bypass probate, while other assets require a validly probated will to pass title. […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Texas?
Detailed Answer When someone passes away in Texas, the personal representative (executor or administrator) must act promptly to notify creditors and handle claims. Follow these steps to comply with Texas law: 1. Obtain Letters of Testamentary or Letters of Administration To manage the decedent's estate, you must get court-issued authority. The probate court issues Letters […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Texas?
Detailed Answer When you open an estate in Texas—whether to probate a will or to seek letters of administration—a certified death certificate is the primary proof of death. Under Texas Estates Code § 52.002(4), your application must include “a certified copy of the death certificate or other evidence of the death.” An obituary, while helpful, […]
Read article →How do I prepare an heirship affidavit in Texas?
Detailed Answer In Texas, an heirship affidavit is a sworn statement that identifies the legal heirs of a person who died without a will (intestate) and has real property that needs a clear chain of title. This document lets title companies and county clerks recognize the heirs without formal probate. Even though Texas Estates Code […]
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