FAQs About Probate, Probate

When Is It Proper to Use a Small Estate Affidavit?

Heirs can use a small estate affidavit to transfer property without a formal probate only in situations when: The deceased person died without a Will; At least 30…


Can I Disinherit my Spouse in North Carolina?

North Carolina’s laws provide a safeguard for surviving spouses. Under North Carolina law, a spouse can claim a certain share of your estate when you die, regardless of…

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.

FAQs About Probate, Probate

Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?

After you die, your estate is responsible for your debts. Creditors can make claims against your probate estate for what you owe. Assets such as life insurance…

FAQs About Probate, Probate

Is it Possible to Avoid Probate in Texas without a Revocable Trust?

I have written before that Texas has one of the most simplified probate processes in the country. If a testator instructs in his will that there…