New!A Guide for the Texas Independent Administrator with Will Annexed(updated 9/5/2017)
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FAQ
Most estates in Texas must undergo probate administration proceedings. However, some estates may be exempt from probate procedures, depending on how the assets in question are owned. In some cases, estates may also qualify for simplified probate proceedings.
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.
Primary tabs. Administrator with will annexed refers to a person appointed by a court to fill the role of an executor of a will when an executor is unspecified or unavailable. The administrator takes on all the legal responsibilities and powers of an executor in administering the will.
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
Formal Probate in Texas Formal probate proceedings are likely required if the estate (the amount of property the deceased person left behind) is less than $75,000, not counting certain types of exempt property.
It is necessary to probate a Will when the estate includes assets titled in the decedent's name. The Texas Estates Code specifically says that Will is not effective to prove title to or the right to possession of any property disposed of by the Will until the Will is admitted to probate.
The Non-Probate Asset Bank Accounts. Investment Accounts. Retirement Accounts (IRAs & Pension Plans) Life Insurance Policies. Annuity Contracts. Real Estate. Vehicles.
Texas law provides that, when this happens, the Will is treated as if it did not exist, and the estate passes by intestate (without a Will) succession. This means that children by a prior marriage take the deceased spouse's one-half of any community property.