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.
WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testator's death.
The answer may surprise you: in Texas, bank accounts do not go through probate.
If the deceased person was the sole owner of the bank account and named a beneficiary, then the bank can release the funds to the beneficiary without probate. If there is no named beneficiary, then the bank will require probate before releasing any funds.
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation.
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate plus one year's estimated growth plus 10%.
The plain meaning of “estate” — when applied to someone living or dead — is the collection of all that they own, or used to own, up to the time of their death. So by definition, every person who dies leaves behind an estate.