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Probate Articles

Houston Probate Articles

This page provides informative articles on all aspects of probate in Texas. Our team of experienced attorneys regularly publishes articles on probate administration, probate litigation, estate planning, and other important topics. We strive to provide you with the knowledge and resources you need to make informed decisions about your legal matters. Browse our articles to learn more about probate and how it affects you and your loved ones.

Our Houston Probate Attorneys provide a full range of probate services to our clients. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

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11grave yard
02
Jun

The Significance of a Death Certificate in the Texas Probate Process

June 2, 2024,
The probate process in Texas can be a complex and lengthy undertaking, with a myriad of legal requirements to navigate. One such requirement is obtaining a death certificate, a vital document that must be filed with the State of Texas within 10 days following a death. The death certificate is not only crucial for recording...
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11
02
Jun

Accessing the Decedent’s Bank Records Before a Probate is Filed

June 2, 2024,
There are times when you need to access the decedent’s bank records before a probate case is started. This may be needed to tell if there are even assets that need to do a probate. The subpoena is one way to get records, but there is a question as to whether the probate court can...
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11Can Executors Get Paid in Texas Probate Cases
02
Jun

How Much Can an Executor in Texas Be Paid?

June 2, 2024,
The executor or administrator of an estate is responsible for settling the probate estate. The executor or administrator of an estate must deal with a lot of issues: paying all the debts and taxes, expenses, inventorying the assets, etc.–not to mention potential liability if these things are done incorrectly. An estate may take months, sometimes...
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11
02
Jun

How Texas Community Property Laws Impact the Probate Process

June 2, 2024,
Community property laws are a factor in many estates that require a probate proceeding. Community property, also known as marital community property, is similar to joint tenancy. Under joint tenancy, both spouses own all property equally, and upon the death of one spouse, his or her interest in the property is automatically transferred to the...
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11Houston Probate Courthouse
02
Jun

Immediate Appeal for Removal of Trustee and Request for Probate Accounting

June 2, 2024,
Interlocutory appeals serve as a vital component of the legal system, providing a mechanism for parties to seek immediate review of important legal issues during an ongoing case. Unlike regular appeals that occur after a final judgment, interlocutory appeals address specific rulings or issues that could significantly impact the outcome of the case or have...
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11Proper Probate Service
02
Jun

How to Make Proper Service of Process for a Will in a Texas Probates?

June 2, 2024,
If you are involved in a lawsuit, you need to know how to properly serve the lawsuit papers on the person you are suing. There are nuanced rules for how and when this can be done. The probate rules add a layer of complexity as the Texas Estates Code includes various rules for serving citations...
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11Muniment of Title
02
Jun

Can You Prove Title After Probate Statute of Limitations Has Expired?

June 2, 2024,
All we have is time. And time is limited. Our legal system is built on this concept. When it comes to probate law, our probate laws focus on the concept of finality. They focus on wrapping up a decedent’s affairs to allow those who are living to move on. This is why Texas law provides...
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11inherit joint bank account
02
Jun

Who Inherits a Joint Bank Account in Texas

June 2, 2024,
It is common for a parent to create a joint bank account with the intent that someone accesses the account to pay for their funeral or last expenses. Who owns this account once the parent dies? What about other bank accounts that are held jointly? Does the joint owner, surviving spouse or someone else inherits...
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11probate court registry
02
Jun

Control Over Funds Deposited With Probate Court

June 2, 2024,
The probate courts will often hold funds in their registry. The probate court has authority and control over these funds. Once the funds are in the registry and an independent administrator is appointed to administer the probate estate, who has control over these funds? The concept of the independent administrator is that they are tasked...
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11Affidavit form, documents, and gavel on table
02
Jun

Using an Affidavit of Heirship as Evidence of Ownership of an Estate

June 2, 2024,
It is common to see family members reach an informal agreement as to how to handle the estate when a family member dies. These informal agreements often lead to disputes and end up in probate litigation. This is especially true when it comes to real estate. Family members may put off dealing with real estate....
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