This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In Travis
Category:
State:
Multi-State
County:
Travis
Control #:
US-000297
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Unsupervised probate, also known as independent administration, is a type of probate that does not require court supervision or approval for every action of the executor or administrator.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court.
A Section 13650 set-aside leaves the surviving spouse open to a significant financial risk of exposure to decedent's creditors because to the extent the decedent's and surviving spouse's interests in community and/or quasi-community property, and decedent's separate property interests that pass to the surviving spouse ...
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
Circumstances where a contract may be set aside include where a party has entered into the contract as a result of undue influence exercised over that person by another party or where one or both parties have entered into the contract under a mistake of fact.
The good news is that Probate Code 850 offers litigants the ability to resolve property disputes related to a decedent's estate or trust, or a guardianship or conservatorship estate in the probate court. One of the most frequently used 850 petitions is a Heggstad petition.
A petition to remove an executor, or an application to remove an executor, is a legal motion filed with a probate court on behalf of an interested party to a will or estate. A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity.
A petition to remove an executor, or an application to remove an executor, is a legal motion filed with a probate court on behalf of an interested party to a will or estate. A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity.
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate.
More info
The first step is to file the "Petition to Set Aside without Administration" with your local probate court. Step 1: Decide if this is the right process for you.The procedure for obtaining a Set Aside in Reno starts with filing a "Petition to Set Aside Estate Without Administration" in the local probate court. When a decedent, or a person who dies, leaves a will, a proceeding must be completed in the Surrogate's Court to probate or prove the will. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside. 12. Set up testamentary trusts and make transfers to trustees. The heirs or beneficiaries of the estate and any creditors whose claims have not been paid are entitled to receive notice of this petition. In the Matter of the Estate of Reita Frances Edwards. 15. Verified Petition to Set Aside Estate Without Administration. Party. Representation. If you believe the estate in question qualifies, be sure to fill out the correct small estate petition or affidavit.