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Probate Administration Probate Law Blog

What County do you File a Probate Application in Texas?


What county do you file a probate application in for a Texas probate? The general rule is you file the application in the county in which the decedent resided. But this may not always be the case. The In re Estate of Griffith, No. 05-19-01144-CV (Tex. App.–Dallas [5th Dist.]), provides an example. Facts & Procedural […]

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Probate Administration Probate Law Blog

Can a Dead Person Sue You?


If someone dies, does Texas law allow the dead person to sue you? The answer is not as clear cut as one would think. The court addresses this in Balderaz v. Martin, No. 13-18-00056-CV (Tex. App.-Corpus Christi 2019).

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Probate Administration Probate Law Blog

Recovering Attorney Fees in a Probate Case


One of the issues that often comes up in probate cases is whether the parties can recoup their attorneys fees from the estate. The answer is usually yes, but there are rules involved. The Estate of Pharris, No. 10-17-00260-CV (Ct. App.–Waco 2019), case provides an opportunity to consider these rules. Facts & Procedural History This […]

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Probate Administration Probate Law Blog

Time for Probating an Intestate Estate in Texas


There are special rules that are involved when a Texas resident dies without a will. One set of rules involves heirship proceedings. This is a legal term that refers to the process of identifying who is entitled to inherit from someone who died without a will. Heirship proceedings are often filed several years after the […]

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Probate Administration Probate Law Blog

Who is an Interested Party in a Texas Probate?


One generally has to be an “interested party” to participate in the probate process in Texas. If an interested party in an estate is distributed property in full satisfaction of their interest, are they no longer an interested party? The court addresses this in Estate of Daniels, No. 06-18-00049-CV (Tex. App.–Texarkana 2019).

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Probate Administration Probate Law Blog

Filing Inventory in Texas Probate


Filing Inventory in Texas Within 90 days after qualification, the personal representative must file with the Court a sworn inventory, appraisement and list of claims (“Inventory”) of the estate.  The Inventory must include all estate real property located in Texas and all estate personal property regardless of where the property is located. And it must […]

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Probate Administration Probate Law Blog

Independent Administration in Texas


What is an independent administration? An independent administration is a non-court administration.  After a person has applied for letters testamentary and been qualified as independent executor by the court, the executor files an inventory of the estate’s assets and their appraised value, and a list of claims of the estate. Thereafter, the executor administers the estate […]

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Probate Administration Probate Law Blog

Letters Testamentary and Letters of Administration in Texas


About Letters Testamentary in Texas After a person passes away and leaves behind property to be administered, one of the first steps is for a personal representative to apply to the probate court for letters testamentary or letters of administration.

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Probate Administration Probate Law Blog

What is a Family Settlement Agreement?


About Family Settlement Agreements in Texas Family settlement agreements are used to resolve probate litigation without trial. They can help avoid litigation costs and uncertainty associated with trial. Family settlement agreements can be used to resolve a number of probate disputes, such as will contests, will construction suits, claims and trust modifications, etc.

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Probate Administration Probate Law Blog

Probate and Accessing a Safe Deposit Box in Texas


In our last article, we wrote about how to probate an estate for a missing person and prior to that we wrote about lost wills.  In response to these articles, one of our readers asked several questions about safe deposit boxes in Texas.  This is another topic worthy of consideration.  Texas’ estate laws address safe deposit […]