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After a loved one dies, families often find themselves making decisions before they have had time to grieve. A house still needs maintenance, bank accounts remain frozen, medical bills arrive, and everyone wants to know who is legally allowed to act. When there is no will, Texas Estates Code §401.003 can give an agreeing family
Estates Code 401.003 Independent Administration by Agreement of Distributees Read More »
You've paid the estate's bills, transferred the house proceeds, sent the remaining property to the heirs, and kept every receipt in a folder that's getting harder to close. As the executor, you may be asking the practical question many Texas families face at this stage: If the work is finished, do I still need to
Estates Code 362.004 Closing an Independent Administration by Affidavit Read More »
When a loved one dies, the mailbox can become a second source of grief. A funeral home invoice may arrive beside a hospital statement, a credit card demand, and a lender's notice, all asking the executor to act quickly. If you're responsible for the estate, you may wonder whether every bill must be paid immediately
Estates Code 355.102 Classes of Creditor Claims in Texas Probate Read More »
Texas law guarantees a one-year family allowance for surviving spouses and children from estate assets before most creditors are paid. Estates Code §353.101 gives eligible family members a legal path to support based on actual need, not a fixed statutory dollar limit. A death can leave a family facing an immediate cash-flow crisis while the
Estates Code 353.101 Family Allowance in a Texas Probate Read More »
The day after a funeral, a surviving spouse may be standing in the family home with unpaid medical bills on the kitchen counter and a creditor's notice near the front door. The questions arrive before the grief has settled: Can the family remain in the house? Who can take the furniture? Will creditors force a
Estates Code 353 Homestead and Exempt Property Set Aside Texas: A Guide Read More »
In Texas, an interested person may file written opposition under Estates Code §55.001 at any time before the court decides the issue, but a separate will contest generally must be filed within 2 years after a will is admitted to probate. That difference matters more than many families realize. If you're reading probate papers, feeling
Estates Code 55.001 Filing Opposition in a Texas Probate Proceeding Read More »
In Texas, an executor can often sell estate property without unanimous beneficiary approval if the will grants a power of sale or the estate is under independent administration, but the exact authority depends on the probate type. A dependent administration generally requires court approval before estate real property is sold. A grieving family may face
Can an Executor Sell Property Without All Beneficiaries Approving Texas Read More »
Maria lives in Houston and expected some family stress after her father died. She didn't expect her brother, the named executor, to stop returning calls altogether. Weeks became months. Maria didn't know which probate court handled the estate, whether the will had been admitted, what assets were being collected, or whether her inheritance was still
Executor Not Communicating with Beneficiaries Texas Read More »
A manila envelope sits on the kitchen table beside a death certificate. Your family has found what appears to be the original will, but no one knows whether to take it to the county clerk, a probate court, or another state office. If you're asking, “Where are wills filed in Texas?”, the short answer is
Where Are Wills Filed in Texas: A Complete Guide Read More »
Have you been told that Texas children are legally guaranteed an inheritance just because they're children? That assumption makes the phrase forced heirship Texas especially confusing. Texas families often use it to describe any inheritance rule that limits a surviving spouse's control, but Texas no longer follows a modern forced-heirship system that reserves property for
Forced Heirship Texas: What the Law Actually Says Read More »
