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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…

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…

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…

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…

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…

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…

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…

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…