FAQs About Probate

Who Can File An Application for Probate?

by Rania Combs

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 also provides that the applicant may be in “interested person.” An interested person is defined as:

  1. an heir, devisee, spouse, creditor, or any other person having a property right in or claim against an estate being administered; and
  2. anyone interested in the welfare of an incapacitated person, including a minor.

An applicant can also be an independent administrator who is appointed by those entitled to receive the decedent’s assets when the Will does not name an executor or when the executor named is unable or unwilling to serve.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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