FAQs About Probate
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…
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…
Probating a Will
Full administration of an estate is not always necessary. If an estate has no unpaid debts, except those secured by real property, and administration is not…
Probate has gotten a bad reputation as being expensive and causing delays. As a result, many people try to avoid it at all cost. In many states,…
There are three ways in which a personal representative of an estate is appointed: A personal representative can be appointed by a will of a testator,…
In Texas, the level of court involvement in the probate process depends on whether there is a dependent or independent administration. Independent administration Texas allows independent…
Generally, a will should be probated as soon as possible. The Texas Estates Code requires that a will be probated within 4 years of a testator’s…
Candice Aiston, an Oregon estate planning attorney, recently wrote an excellent article that explains the things that should be done when…