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The Ins and Outs of Texas Probate Administration


Texas probate administration can be summed up as the process of administering the affairs of a deceased individual’s estate. This means resolving all claims, dissolving the estate, and distributing its properties to beneficiaries named in the will.

A will is a legal document that designates persons to receive the properties of the estate. It also contains the desires of the decedent concerning the disposal of his or her estate. The probate court determines the validity of the decedent’s will before approving the transfer of ownership of the properties in the estate to the intended heirs and beneficiaries.

What Happens in Probate Administration?

When we speak of Texas probate administration, it involves the determination of the validity, genuineness, and due execution of the will. After it is found to be valid, the court can order the transfer of the properties to beneficiaries named in the will.

As with any court proceeding, there are technical requirements that need to be met before the dissolution of the estate and the distribution of its properties may be ordered.

First, the court will appoint an Executor or Administrator of the estate, who will be vested with certain powers, functions, and duties in the Texas probate administration process.

Heirs, beneficiaries, creditors, and other individuals or entities having an interest in the estate of the decedent shall be given notice regarding the death and the resulting probate proceedings. Legal notices will be ordered by the court to be published in newspapers of general circulation.

Creditors are given a specified period during Texas probate administration to file their claims against the estate; failure to do so will prevent them from collecting owed money after the period has passed.

Executors, Administrators, or personal representatives of the estate are ordered by the court to make an inventory of all the properties of the estate and account for all amounts due to the estate, as well as facilitate the payment of debts owed. In addition, they can file lawsuits for or on behalf of the estate.

With the court’s approval, the real or personal property in the estate may be sold to pay debts or taxes. Other costs and expenses relating to these probate proceedings may be taken out of the funds or properties of the estate.

After the determination of the validity of the will and the satisfaction of all claims, the court may order the transfer of ownership of properties in the estate to designated heirs and beneficiaries.

Learn more about Texas Probate Administration by calling Keith Morris & Stacy Kelly, Attorneys at Law today.