Can you probate a will without an attorney in texas

Galveston County. Your email address will not be published. Learn more about how we can help you. December 6, June 17, Can a Convicted Felon be an Executor in Texas? Whether or not a deceased person left a valid will or trust, certain assets pass outside of probate court automatically. These include:. To determine whether a loved one's estate requires probate administration in Texas, consult with a Texas-licensed probate attorney. Either an attorney or an online service provider can also help you plan ahead so your estate avoids probate when you die.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. By Cindy DeRuyter, J. Nonprobate Assets Whether or not a deceased person left a valid will or trust, certain assets pass outside of probate court automatically. These include: Joint tenancy. Assets owned by two or more people as "joint tenants with rights of survivorship " pass to the surviving joint owner s when one owner dies.

Retirement assets. If the deceased person owned a k , b , individual retirement account IRA , Roth IRA, or other retirement account for which there were one or more named beneficiaries, those retirement assets pass outside of probate to the beneficiaries. Using this process, most Texas executors wrap up estates with very little court supervision.

Most Texas wills direct the named executor to pursue independent administration, because it's quicker, simpler, and less expensive than the alternative, dependent administration.

Even if the will doesn't provide for independent administration or there isn't a will at all , the executor or administrator can ask the court for authority to act as an independent executor if all beneficiaries agree. An independent executor still must publish notice to potential creditors and file an inventory of assets with the court. The executor must collect and safeguard estate assets until it's time to transfer them to their new owners.

The executor is entitled to a fee called a commission of five percent of all money the estate receives and all money it pays out. Only transactions that have to do with managing the estate—for example, paying bills—are counted. Money that was in the estate at the time of death or that is distributed to inheritors is not counted.

It's less common, but executors can also request dependent administration, which entails greater court supervision of the probate process. The "muniment of title" process is a relatively simple and inexpensive way to transfer estate assets when there's a will. Estates Code Ann. It can be used when:. To get the process started, someone files the will, and a request to probate the will as a muniment of title, with the probate court.

If the court decides there's no need for probate administration, it admits the will into probate as a muniment, or evidence, of title to the estate assets.

Essentially, the will serves as the document that transfers the assets to the persons or entities named in the will to inherit them. The court doesn't appoint an executor or administrator. The person who requested probate as a muniment of title, however, is required to file an affidavit sworn statement with the court within six months, stating that the terms of the will have been carried out or, if some terms haven't been carried out, which ones.