FAQs About Probate

Is It Always Necessary to Probate a Will?

A person who dies typically has two classes of assets: probate assets and non-probate assets. Probate assets are property titled in the deceased person’s name. For example, if…

FAQs About Probate

What is an Affidavit of Heirship?

When someone dies owning real estate, that property cannot be sold or transferred until the decedent’s name is removed from the title. Probate records become a link in…

FAQs About Probate

Is There a Difference Between an Executor and an Administrator of an Estate?

When a person dies and probate is necessary, a court will appoint a personal representative to oversee the winding up of the decedent’s affairs. Executors and administrators…

FAQs About Probate, Probate

When is it Proper to Use a Small Estate Affidavit?

A small estate affidavit is a legal document that can be used to transfer property to heirs without a formal probate. Not all estates qualify for small…

FAQs About Probate, Probate

Who Can Serve as Executor in North Carolina?

What is an Executor? An executor, sometimes called a”personal representative,” is a person or entity a testator appoints in a Will…

FAQs About Probate, Probate

What are Valid Reasons to Contest Will in Texas?

His dad had been sick and weak. He didn’t even have the strength to write his own name. Nevertheless, after his father died, his stepmother produced a…

FAQs About Probate, Probate

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in…

FAQs About Probate, Probate

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that as the independent executor, he had the right to distribute Testator…

FAQs About Probate, Probate

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code…

FAQs About Probate, Probate

Will Former Spouse Inherit Bank Account if Named as P.O.D. Beneficiary?

I received a note recently from someone whose brother had recently passed away. Her brother was divorced and had no children. He was survived by four siblings.