This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Independent Administration Application for Probate of Will and Issuance of Letters Testamentary. Form 7-2. Application for Probate of Copy of Will and Issuance of Letters Testamentary. Form 7-3. Application for Probate of Will and Issuance of Letters of Independent Administration. Form 7-4.
Independent administration: This is the most common type of probate administration in Texas. Compared to dependent administration, this process is much less expensive because the administrator does not need to go to court very often, nor does he or she usually have to post a bond.
Probate is the legal process of validating a will and distributing assets, which often requires legal aid. Many families worry about covering these attorney costs. But, in Texas, the estate typically covers probate attorney fees.
Texas estates are settled in two ways. In a dependent administration, the executor or representative must get court approval for most actions and report regularly to the probate judge. In an independent administration, the executor/representative is given more authority and autonomy to carry out his or her duties.
Probate, General Forms Affidavit Template for After Four Years (PDF) Affidavit Template for Copy of Will (PDF) Agreement as to the Advisability of Independent Administration (DOCX) Complete Small Estate Affidavit (PDF) Exhibit List (PDF) Motion and Order for Release of Funds from Registry (PDF)
In Texas, bank accounts generally do not go through probate. This means that if you have a bank account in Texas, your loved ones will not have to go through the hassle and expense of Probate Court in order to access your account after you die.
If there is a will, you may be able to probate it as a "muniment of title." This option is available when: the estate has no debts (except for a mortgage or other debts secured by a real estate lien); or. administration isn't needed for another reason.
If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.
In Texas, if an estate's value exceeds $75,000, it generally must go through probate because the law aims to ensure that significant assets are appropriately managed and distributed under court supervision. The reason an estate over $75,000 must go through probate is to protect the rights of heirs and creditors.
Independent administration: This is the most common type of probate administration in Texas. Compared to dependent administration, this process is much less expensive because the administrator does not need to go to court very often, nor does he or she usually have to post a bond.