How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Texas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. When a minor inherits property or funds through a probate estate in Texas, the law requires a court-appointed protector to safeguard the minor’s financial interests. The court can appoint either a […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in TX?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney. Detailed Answer 1. Intestate Succession under Texas Law When someone dies without a will in Texas, their assets pass to heirs under the Texas Estates Code §201.001. If the decedent is […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Texas?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Texas probate courts use several tools to ensure administrators fulfill their duties and adhere to bond requirements. These safeguards protect the estate, creditors, and heirs. Bond Requirement and Surety Protection Under Texas Estates Code § 401.001, administrators generally must post […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Texas?
Detailed Answer Under Texas law, a personal representative (executor or administrator) may receive statutory compensation—commonly called a commission—on both the value of estate assets and on sale proceeds generated during administration. These commissions are set by the Texas Estates Code and do not require proof of actual time or effort. 1. Commission on Estate Assets […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Texas for guidance on your specific situation. Detailed Answer Step 1: Appoint a Personal Representative To begin estate administration, an interested party (often the nominated executor or an heir) files an application with the Texas probate […]
Read article →How Do Intestacy Rules Apply if No Valid Will Is Found in Texas?
Disclaimer: This article provides general information about Texas intestacy law and does not constitute legal advice. Detailed Answer Intestate succession occurs when a person dies without a valid will. In Texas, the Estates Code Chapter 201 governs distribution of an intestate estate under Chapter 201. Key Definitions Intestate: Dying without a valid will. Descendant: A […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in Texas?
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 […]
Read article →What steps are required to open an estate proceeding in Texas when no probate case exists?
Detailed Answer When a decedent’s estate has not yet been probated in Texas, an interested person must open a new probate proceeding. Generally, you follow one of three paths depending on the estate’s size and whether the decedent left a will: Assess the appropriate procedure: Small Estate Affidavit if total personal property is ≤ $75,000 […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Texas (TX)?
When someone dies without a will in Texas, letters of administration allow a court-appointed administrator to manage the decedent’s estate. You must file specific documents with the county probate court to begin this process. Disclaimer: This article provides educational information only and is not legal advice. Detailed Answer Under Texas Estates Code Section 53.002, the […]
Read article →How Can Someone Determine if a Probate Estate Has Been Opened in Texas?
Detailed Answer Under Texas law, a probate estate officially begins when someone files an application for probate with the county court in the county where the decedent resided. To find out if such an estate exists, follow these steps: Determine the decedent’s county of residence. See Tex. Estates Code §201.051(a), which states that probate proceedings […]
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