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Probate

Probate is the process of administering the estate of a deceased person, either according to the terms of a Will or in the absence of a Will. It also includes the establishment and supervision of Guardianships for minors and incapacitated persons.

Texas probate is notably simpler than many other states, thanks to “independent administration” of estates. Using this process, most Texas executors wrap up estates with very little court supervision.

Kinds of Texas Probate

Independent Administration – Most Texas wills direct the executor to pursue independent administration because it’s easier and less expensive.

Dependent Administration – This Probate entails greater court supervision of the probate process.

Muniment of Title – This process is a relatively simple way to transfer estate assets when there is a will and no unpaid debts (unless secured by real estate).

Small Estate Affidavits – In certain circumstances, the people who inherit don’t have to open a court proceeding or use a muniment of title. If there is no will and the total value of the estate is under $75,000 the heirs can prepare a sworn statement to collect the property.

 


 

If you have questions regarding a probate matter, please do not hesitate to give our office a call as we have many attorneys who will be able to assist you.