San Antonio Lawyer - Lucinda Garcia Valdez
For most people, there is an overwhelming need for proper estate planning and
probate. In Texas, there are several procedures for both the estate planning
stage and the actual probate administration.
planning. In most situations, the answer is an overwhelming "yes". Estate planning may include one of
several vehicles available in Texas. For instance, depending on the circumstances of the individual, a
Will may be sufficient. For more complex situations, a trust may be an appropriate vehicle.
For Probate in Texas, there are several ways of administering an estate. Most common is a Will with an
independent executor. In some cases, a Will may be probated as a muniment of title. Whenever a
person dies without leaving a Will, and there is a need to administer the estate, the court may order a
dependent administration.
Wills & Estate Planning: In order to protect your loved ones, it is imperative that proper planning be made
in case of the unexpected. Proper planning is not for ourselves, but rather, for those we leave behind.
We can assist you in making those ever important decisions pertaining to wills and other related
planning documents, such as power of attorney, medical directives, declaration of guardianship, etc.
Arguably, the most important decisions of our lives should not be left to chance or for others to decide.
A Will can properly direct how your assets are to be divided upon death and will more adequately reflect
your wishes than that set forth by the Probate Court. In addition, a properly executed Will can reduce the
stress associated with the probate process and streamline distribution of assets. A properly executed
Will also alleviates much of the expense associated with an intestate probate administration.
ESTATE ADMINISTRATION
The passing of a loved one is an extremely stressful and unfortunate event. Texas offers numerous
different methods of administering an estate, depending on size and complexity of the estate. In addition,
the Texas Probate system generally requires less court intervention than other states.
Probate of a Will With Independent Executor: The Will generally has to be offered for probate within four
years to receive letters. An executor is usually designated in the Will to fulfill the duties of administering
the estate. If the Will provides accordingly, the executor will not have to post a bond to serve as executor.
Once the Will is offered for probate, the executor will take an oath and receive letters testamentary if
approved by the Probate Court. An inventory of the estate is usually due within 90 days of receiving letters.
The executor will generally be responsible for gathering and protecting the assets of the estate, providing
notice to creditors and paying any debts. Once the debts of the estate have been paid, the executor will
file estate returns and distribute the remaining assets to the beneficiaries of the Will.
Probate of Will as Muniment of Title - Some estates may qualify for alternative estate administration.
The Will is probated as a muniment (link) of title for real property.
Small Estate Affidavit Proceeding - If there are no debts and the assets of the estate, excluding the
homestead, do not exceed $50,000.00, it may be possible to handle the matters of the estate by way of
Small Estate Affidavit.
Determination of Heirship Proceeding - If the decedent has passed away without leaving a will, it may be
necessary for the court to determine who may be a rightful beneficiary. Texas law proscribes how
property will be devised in case of intestacy and will depend on the facts of each individual estate.
The information on this website is not intended to be legal advice, nor is the information intended to
establish an attorney-client relationship. All attorneys are individual practitioners and are licensed by the
Supreme Court of Texas to practice in all state courts. Unless noted otherwise, attorneys are not certified
by the Texas Board of Legal Specialization.
