Estate Administration

Many estates are administered on a “routine” basis. “Probate” refers to the judicial proceeding in which an instrument is determined to be the valid last Will and testament of the Decedent or, if there is no Will, the proceeding in which the Decedent’s heirs are legally determined. At the probate proceeding, an executor (if named in a Decedent’s Will) or an administrator (if named by the court) is appointed to carry out the administration of the Decedent’s estate.

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Estate Administration in Texas

The proof of the executor or administrator’s authority to act on behalf of the estate is evidenced by what are called “Letters Testamentary” or “Letters of Administration”, both issued by an authorized clerk at the direction of the probate Judge. The executor or administrator has the responsibility of collecting the Decedent’s assets, giving notice to creditors, paying valid claims, filing the Decedent’s final income tax returns, if applicable, filing an Inventory, and eventually paying out the remaining Estate assets to the beneficiaries if there was a Will, or if there was no Will, to the court determined heirs at law.

Forcefully – Strategically – Efficiently Resolving Probate, Trust, and Estate Disputes

When individuals die without wills, the State of Texas intestacy laws specify who will inherit from the intestate decedent. Important factors in determining who gets what include whether the decedent was married and whether he or she had children. Another important consideration is whether the decedent’s property was “separate property” or “community property” under Texas law. Located in Dallas, our legal team is ready to meet for an individual consultation.


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