Not everyone dies with a large estate requiring a complicated administration. Because a small estate generally has fewer complexities, Texas has created a Small Estate Affidavit, also known as a SEA. Those small estates that qualify are able to settle without the normal probate process. Despite its goal to simplify the transfer of assets, the […]
Category: Probate Law
Separate Property vs. Community Property in Texas
The concept of community property originated with Spanish civil law and came to Texas via Mexico. Today, Texas is one of only nine community property states in the country. The term community property applies to the concept of combining separate assets, typically through marriage. The Texas Constitution and Texas Family Code provide definitions and procedures […]
Emergency Guardianship in Texas
Sometimes situations arise in which a person becomes a danger to self or others, and the legal system must intervene. Sudden illness such as a stroke or illness may incapacitate a person. Or perhaps the ability to responsibly care for others or oneself diminishes over time due to dementia, substance abuse, or mental illness. When […]
Proof of Death in the Texas Probate Process
When a loved one dies, the estate goes into probate, the legal process for distribution of assets. The first step to begin probate is to file a petition with the court which appoints an administrator of the estate. That petition must be filed within four years of the decedent’s death, and it must offer proof […]
Per Stirpes vs. Per Capita in Texas
A valid will identifies the beneficiaries and which assets they’ll receive, as well as when and how exactly the beneficiaries will receive those assets. The person writing the will, the testator, also chooses one or sometimes two executors who ensure the will is carried out as written. The testator may also choose between dividing the […]
Notice to Creditors as Part of Texas Probate
Ideally, a valid will designates the beneficiaries of an estate, how assets will be divided among beneficiaries, and the name(s) of the executor(s) who will be in charge of carrying out the wishes of the decedent, the person who wrote the will. Most wills call for independent probate administrations as opposed to dependent administrations. As […]
Survivorship Agreements for Real Estate in Texas
One of the biggest legal myths in Texas is that jointly owned property automatically goes to the surviving co-owner upon one owner’s death. Once a joint owner (co-tenant) of property dies without a will, Texas intestacy law governs the distribution of the deceased owner’s interest in the property. One of the easiest ways for co-owners […]
Amending a Texas Will with a Codicil
Writing a valid will is a critical part of estate planning. In it the testator, the person writing the will, can specify exactly which assets will go to whom. The will also identifies who will be the executor of the estate, the person or persons responsible for carrying out the will and managing taxes, debts, […]
Texas Intestacy with No Children or Spouse
The best way to ensure that a person’s estate is distributed as he or she wishes is to make a will. However, in the event that a person dies intestate, without a will, Texas has in place a statutory formula that decides how property will be distributed and to whom. This formula is also known […]
How to Make a Valid Will in Texas
Writing a valid will is the very best way to ensure that an estate is distributed exactly as a person wishes, eliminating any doubt about what that family member “would have wanted.” Among its important purposes, it allows the person writing the will, the testator, to identify beneficiaries, distribute assets, and choose a legal guardian […]