Probate Final Part 4

Probate in Texas is a simpler process than other states. While we have not adopted the Uniform Probate Code, but rather has made the process less court dependent in some forms of probate. In Texas an executor or administrator does not need to be a lawyer, but must be represented by some type of legal counsel.

If the deceased had a will, the estate enters into Independent Administration. During this type of probate,  the named estate executor carries out duties of managing the estate with little supervision of the court. In this instance,  the executor is not required to post bond on the estate.

Another type of probate that can occur when a will is present is Muniment of Title. In this case, the probate court decides there is no need to probate the estate and the person who applies for Muniment can carry out the terms of the will. Another condition for Muniment of Title is that no debts or claims are made against the estate and the will must be carried out within 6 months  with proof given to the probate court. In this instance, a Certified Probate Real Estate Specialist can be helpful when managing the sell of a property within the estate. A CPRES can help handle both the legal and property issues involved with probate of an estate. More information about Certified Probate Real Estate Specialist can be found here.

If a will was not presented and validated, the estate enters into Dependent Administration. This format of probate is closely monitored by the probate court; the court may require bonds, detailed reports of estate management and the executor may need to obtain approval for each step of the probate process.  In Dependent Administration it can be extremely helpful to have a professional who’s knowledgeable information you can rely upon.

In the event that an estates value is less than $50,000, a Small Estate Affidavit can be filed and the estate will skip probate.

Other states’ laws may vary, so make sure you are informed of the laws governing your state before undertaking an estate executor or administrator role.